Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58908 of 2023 Arising Out of PS. Case No.-257 Year-2023 Thana- CIVIL LINE District- Gaya ====================================================== RAJESH KUMAR son ofArjun Singh Village- Salempur Ps- Paraiya DistGaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Mr. Ashok Kumar, Advocate Mrs.Vaishnavi Singh For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections147, 149, 420, 467, 468, 471, 456, 427, 379 of the Indian Penal Code.

As per prosecution case, the allegation against the accused persons is that they along with other 20-25 unknown persons came and assembled unlawfully and with the help of JCB, they demolished the boundary wall of the

Patna High Court CR. MISC. No.58908 of 2023(2) dt.04-09-2023 2/3 Government school.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in the FIR and during investigation not a single independent eye witness whispered about the complicity of the petitioner in this alleged occurrence. He has got no criminal antecedent. It is further submitted that no consistent material has come against him. Similarly situated co-accused person has already been granted bail by a coordinate Bench of this Court vide order dated 17.08.2023 passed in Cr. Misc. No. 38434 of 2023. The petitioner has been languishing in judicial custody since 28.06.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Civil Lines P.S. Case No. 257 of 2023 on furnishing bail bond of Rs.10,000/- (ten

Patna High Court CR. MISC. No.58908 of 2023(2) dt.04-09-2023 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court.

(Sunil Kumar Panwar, J) Manishkumar/- U T