Raj Kishor Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61562 of 2022 Arising Out of PS. Case No.-32 Year-2022 Thana- SUGAULI RAIL P.S. District- West Champaran ====================================================== RAJ KISHOR KUMAR S/O CHANDAR RAM @ CHANAR RAM R/vBarwa Ojha, P.S.- Sanichari, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-02-2023 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 sections 147, 148, 149, 353, 337, 338, 435, 427, 379 of the Indian Penal Code, Section 150, 151, 153, 174(A) of the Railway Act and Section 3/4 of the Prevention of Damage to the Public Property Act. Allegation against the petitioner is of damaging the public properties during protest of Agneepath Scheme at railway station of Bettiah.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is a member of mob during protest of Agneepath

Patna High Court CR. MISC. No.61562 of 2022(2) dt.08-02-2023 2/2 scheme and due to which he has falsely been implicated in this case. Neither the petitioner is named in F.I.R. nor any specific allegation is against him. It is further submitted that the petitioner is languishing in judicial custody since 15.7.2022. 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 and custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sugauli Rail (Rail P.P. Bettiah) P.S. Case No. 32 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate (Railway), Bettiah, district- West Champaran.

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