Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78559 of 2023 Arising Out of PS. Case No.-208 Year-2022 Thana- DIGHWARA District- Saran ====================================================== 1.
SONU KUMAR S/O MANOJ SINGH R/O VILLAGE- BHATEHAM, P.SDARIYAPUR, DISTT.- SARAN. 2.
VIKASH KUMAR SINGH @ VIKASH KUMAR @ VIKESH KUMAR SINGH S/O BRIJ KISHORE SINGH R/O VILLAGE- BHATEHAM, P.SDARIYAPUR, DISTT.- SARAN. 3.
ASHISH KUMAR SINGH @ ASHISH KUMAR S/O UPENDRA SINGH R/O VILLAGE- BHATEHAM, P.S- DARIYAPUR, DISTT.- SARAN. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nalin Kumar, Adv.
For the Opposite Party/s :
Mr.Kumar Veerendra Narayan, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-12-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 353, 427, 435, 379 of the Indian Penal Code read with Section 3⁄4 of Damage of Public Property Act.
3. The allegation against the petitioners is that they along with 30-40 persons assembled together and protested against the new recruitment scheme of Army and caused damaged to public property.
Patna High Court CR. MISC. No.78559 of 2023(2) dt.14-12-2023 2/3
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. They were not named in the FIR. Their name has been transpired in the present case during the course of investigation on the basis of CCTV footage. At best, they can be said the members of the assembled mob. Petitioners have one criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is
Patna High Court CR. MISC. No.78559 of 2023(2) dt.14-12-2023 3/3 pending/successor Court in connection with Dighwara P.S. Case No. 208 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) divyanshi/- U T