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Patna High CourtCR. MISC./73746/2022bail granted

Bikash Kumar @ Vikash Kumar v. The State Of Bihar

2023-04-06Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73746 of 2022 Arising Out of PS. Case No.-461 Year-2022 Thana- BETTIAH CITY District- West Champaran ====================================================== BIKASH KUMAR @ VIKASH KUMAR S/O Krishna Sah R/O Village- Hira Pakar, P.S- Manua Pool, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhileshwar Kumar Shrivastva, Adv.

For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-04-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Bettiah (Town) P.S. Case No. 461 of 2022, dated 18.06.2022 registered for the offences punishable under sections 147, 148, 149, 323, 341, 307, 427, 448 and 120B of the Indian Penal Code.

As per the prosecution case, a mob of about thousands of people, armed with bamboo, iron rod, bricks and stones attacked the house of the Deputy Chief Minister, caused damage to the vehicles, CCTV cameras and window panes.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case.

Patna High Court CR. MISC. No.73746 of 2022(2) dt.06-04-2023 2/2 The petitioner is not named in the FIR. The name of the petitioner has sprung up in the confessional statement of one co-accused Arvind Kumar. There is general and omnibus allegation against the petitioner. Similarly situated co-accused has already been granted bail by the co-ordinate bench vide order dated 21.02.2023 passed in Cr. Misc. No. 70232 of 2022. The petitioner is also accused in two other criminal cases of similar nature as stated in para 3 of the bail petition. The petitioner is in custody since 22.06.2022. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, West Champaran, Bettiah in connection with Bettiah (Town) P.S. Case No. 461 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T