Shubhash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72752 of 2022 Arising Out of PS. Case No.-456 Year-2022 Thana- BETTIAH CITY District- West Champaran ====================================================== SHUBHASH KUMAR Son of Suresh Sah R/v- Laukariya, Muraghi, Ward No. 2, P.S.- Bairiya, Dist- West Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 73932 of 2022 Arising Out of PS. Case No.-456 Year-2022 Thana- BETTIAH CITY District- West Champaran ====================================================== Kinu Kumar Son Of Jugeshar Yadav @ Jugeshvar Yadav R/O- Chaumukha, P.S.- Yogapatti, Distt.- West Champaran ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 72752 of 2022) For the Petitioner/s :

Mr.Akhileshwar Kumar Shrivastva For the Opposite Party/s :

Mr.Rina Sinha (In CRIMINAL MISCELLANEOUS No. 73932 of 2022) For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-03-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 143, 147, 148 ,149, 341, 323, 353, 332, 333, 338, 435, 307, 427, 504, 120B, 395, 412 of the Indian Penal Code, Section 27 of the Arms Act and Section 3/4 of Prevention of Damage to Public

Patna High Court CR. MISC. No.72752 of 2022(2) dt.22-03-2023 2/3 Property Act.

As per prosecution case, it is alleged that about 500700 persons including the petitioners were doing protest against scheme of Agniveer and during protest they damaged public property.

Learned counsel for the petitioners submits that the petitioner is innocent and has committed no offence. The petitioners were not involved in damaging the public property rather they have falsely been implicated in this case only on the basis of suspicion. It appears from prosecution story that the there is no specific overt-act has been alleged against the petitioners and entire allegations are leveled in omnibus manner. It is further submitted that the petitioners are languishing in judicial custody since 22.6.2022.

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 as well as custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Bettiah (Town) P.S. Case No. 456 of 2022 on furnishing bail bond of Rs.10,000/- (ten

Patna High Court CR. MISC. No.72752 of 2022(2) dt.22-03-2023 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran at Bettiah.

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