Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74390 of 2022 Arising Out of PS. Case No.-456 Year-2022 Thana- BETTIAH CITY District- West Champaran ====================================================== CHANDAN KUMAR Son of Rudal Raut Resident of Village - Hardi Patti, P.S.- Nautan, District - West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Binod Singh For the Opposite Party/s :
Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-03-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in a case registered for the offences 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 and Section 27 of Arms Act and u/s 34 of Prevention of Damage to Public Property Act.
Allegedly, some persons, who are 500-700 in numbers, are said to have been damaging the public property and setting fire at Railway Station and on protest being made by the police, they have attacked on the police and proceeded to go towards Supria Cinema. The furious mob
Patna High Court CR. MISC. No.74390 of 2022(2) dt.24-03-2023 2/3 have also damaged the CCTV camera in shops and damaged vehicles of V.I.Ps.
It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case merely on the basis of CCTV footage. Petitioner is not named in the FIR. There is general and omnibus allegation against the petitioner. Similarly situated co-accused Chhotu Kumar @ Abhiraj has already been granted bail by a coordinate Bench of this Court vide order dated 09.02.2023 passed in Cr. Misc. No. 57922 of 2022. It is also submitted that petitioner is languishing in judicial custody since 22.06.2022.
Learned APP appearing for the State has vehemently opposed the prayer for Bail.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Bettiah Town P.S. Case No. 456 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the
Patna High Court CR. MISC. No.74390 of 2022(2) dt.24-03-2023 3/3 like amount each to the satisfaction of the learned C.J.M., West Champaran.
(Sunil Kumar Panwar, J) Manish/- U T