Patna High CourtCR. MISC./59963/2024bail granted

Gorakh Rai @ Gorakh Kumar @ Rakesh Rai @ Ramesh Kumar v. The State Of Bihar

2024-10-04Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59963 of 2024 Arising Out of PS. Case No.-985 Year-2022 Thana- SONEPUR District- Saran ====================================================== Gorakh Rai @ Gorakh Kumar @ Rakesh Rai @ Ramesh Kumar Son of Mani Ray @ Manilal Ray R/O - Sabalpur Chaharan, P.S.- Sonepur, District- Saran ... ... Petitioner/s

Versus

The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-10-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Sonepur P.S. Case No. 985 of 2022, dated 21.12.2022 for the offences punishable under Sections 147, 148, 149, 323, 337, 307, 353, 427, 504 of the Indian Penal Code.

3. As per prosecution case, the petitioner and 25-30 unknown persons are alleged to have pelted stones on the police party in which some police personnel got injured and vehicle of police was damaged. The accused persons also caused hindrance in discharging of the official duties of the police personnel.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is no specific allegation of any overt act against the

Patna High Court CR. MISC. No.59963 of 2024(2) dt.04-10-2024 2/2 petitioner, but he is the member of mob. The allegation against the petitioner is general and omnibus in nature. The petitioner has no concern with the alleged offence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The co-accused has been granted anticipatory bail by this Court vide order dated 01.04.2024 passed in Cr. Misc. No. 18653 of 2024.

5. Learned APP for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned court concerned, Saran at Chapra in connection with Sonepur P.S. Case No. 985 of 2022, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T