Rama Kant Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59631 of 2019 Arising Out of PS. Case No.-567 Year-2018 Thana- GARDANIBAG District- Patna ====================================================== RAMA KANT PRASAD, Male, Son of Late Jagdish Prasad @ Jagdish Yadav, Resident of Village- Paharpur, Khodai Emli, P.S.- Gardanibagh, DistrictPatna. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Bhim Kumar Yadav, Advocate.
For the Opposite Party :
Mr.Navin Kumar Pandey, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-10-2019 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in a case for the offence registered under Sections 147, 148, 149, 337, 323, 332, 427, 504, 307, 353 of the IPC. Later on, Section 302 of the IPC was also added.
The prosecution story, in brief, is that on 20.12.2018 while a work of removing encroachment was going on, a mob of encroachers started stone pelting, which caused damage of glasses of four JCB Machine and injury to driver of JCB with other police personnel.
Patna High Court CR. MISC. No.59631 of 2019(2) dt.23-10-2019 2/3 It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 25.12.2018. The petitioner has got no criminal antecedent. The petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has come in the present case merely on the basis of suspicion. In course of investigation, it is alleged that the petitioner was also sitting by the side of place of occurrence. Except for this there is no substantive evidence to suggest the implication of the petitioner in the present case. Other co-accused has been granted bail by another Co-ordinate Bench of this Court vide Cr.Misc. No. 16958 of 2019 under order dated 22.07.2019. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-XVIII, Patna, in connection with Gardanibag P.S. Case No. 567 of 2018, Sessions Trial No. 359
Patna High Court CR. MISC. No.59631 of 2019(2) dt.23-10-2019 3/3 of 2019.
(Sudhir Singh, J) U.K./- U T