Amresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71914 of 2022 Arising Out of PS. Case No.-32 Year-2022 Thana- SUGAULI RAIL P.S. District- West Champaran ====================================================== AMRESH YADAV Son of Jawahir Yadav @ Jawahar Yadav R/V- Chandarpur Bakwa, P.S- Chautarwa, Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-02-2023 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 and Sections 150, 151, 153, 174(A) of the Railway Act as well as sections 3, 4 of the Prevention of Damage to Public Property Act.

As per prosecution story, 700-800 unknown persons including petitioner protested against the scheme of government Agnipath Yojna and damaged railway properties. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.71914 of 2022(2) dt.02-02-2023 2/2 falsely been implicated in this present case on the basis of mere suspicion. Neither the petitioner was arrested on spot nor any specific overt-act has been attributed against him. During investigation, nothing consistent material was found against the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 18.6.2022. 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, 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 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 Railway Magistrate, Bettiah.

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