Raj Kishor Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75122 of 2022 Arising Out of PS. Case No.-460 Year-2022 Thana- BETTIAH CITY District- West Champaran ====================================================== Raj Kishor Kumar Son Of Chandar Ram @ Chanar Ram Resident Of Village - Ojha Barwa, P.S.- Sanichari, 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.Md. Ataur Rahman ====================================================== 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 connection with Bettiah Town ( Kalibagh O.P.) P.S. Case No. 460 of 2022 registered under sections 147, 148, 149, 341, 323, 338, 395, 427, 435, 412, 120(B), 504 and 506 of the Indian Penal Code.

Prosecution case in short, is that, on the petrol pump of the informant, around 500 anti-social elements came and started damaging the petrol pump and tried to ablaze the petrol pump. They damaged two dispenser unit of petrol pump, CCTV, camera, important documents and looted cash of Rs. 6,35,720/-,

Patna High Court CR. MISC. No.75122 of 2022(2) dt.24-03-2023 2/3 mobil worth Rs. 70,000/-. They also damaged tank lorry which was standing there, air machine and other equipment. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in F.I.R. rather his name came into light in this case on the basis of confessional statement of other co-accused person before the police. He was not involved in the alleged offence. It appears from F.I.R. that there is no specific overt act has been alleged against the petitioner rather general and omnibus allegation has been levelled against him. Nothing has been recovered from his conscious possession. It is further submitted that he is languishing in judicial custody since 11.08.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the 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 (Kalibagh O.P.) P.S. Case No. 460 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of

Patna High Court CR. MISC. No.75122 of 2022(2) dt.24-03-2023 3/3 the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, District- West Champaran. (Sunil Kumar Panwar, J) shubham/- U T