Mukesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1840 of 2023 Arising Out of PS. Case No.-32 Year-2022 Thana- SUGAULI RAIL P.S. District- West Champaran ====================================================== Mukesh Kumar Son Of Jaleshwar Yadav Resident Of Ward No.-2, Kharg Pokhariya, Pokharia Kharag, P.S.- Chanpatiya, District- West Champaran, Puraina Gosai, Bihar- 845459 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vishal Prasad For the Opposite Party/s :
Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-04-2023 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, 150, 151, 153, 74(a) R.N. Act and 3⁄4 Prevention of Damage to Public Property Act. As per prosecution case, it is alleged that about 7001000 persons were doing protest against Agneeveer Scheme and during protest they damaged public property.
Learned counsel for the petitioner submits that the 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 the basis of suspicion. It appears from FIR that there is no specific over-
Patna High Court CR. MISC. No.1840 of 2023(2) dt.05-04-2023 2/2 act has been alleged against the petitioner also he is not named in the FIR. It is further submitted that the petitioner is languishing in judicial custody since15.07.2022. 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 judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sugaui Railway 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 4th Additional Sessions Judge, Bettiah, West Champaran. (Sunil Kumar Panwar, J) Manish/- U T