Prabhat Pandey @ Prabhat Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69882 of 2022 Arising Out of PS. Case No.-456 Year-2022 Thana- BETTIAH CITY District- West Champaran ====================================================== PRABHAT PANDEY @ PRABHAT KUMAR PANDEY Son of Bipin Bihari Pandey R/v- Musahari, P.S.- Sirisiya O.P. (Chanpatia), 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.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-03-2023 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 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 the Prevention of Damage to Public Property Act.

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

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.69882 of 2022(2) dt.22-03-2023 2/2 petitioner is innocent and has committed no offence. The petitioner was not involved in damaging the public property rather he has falsely been implicated in this case only on the basis of suspicion. It appears from FIR that the there is no specific overt-act has been alleged against the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 27.7.2022.

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 as well as 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 Bettiah (T) P.S. Case No. 456 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 Chief Judicial Magistrate, Bettiah, West Champaran.

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