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Patna High CourtCR. MISC./464/2023allowed

Ravi Kumar Yadav v. The State Of Bihar

2023-03-24Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.464 of 2023 Arising Out of PS. Case No.-456 Year-2022 Thana- BETTIAH CITY District- West Champaran ====================================================== Ravi Kumar Yadav S/O Sannu Yadav @ Shambhoo Yadav @ Sanu Yadav Resident Of Village- Chandrahiya, Jamuniya, Garib Sahi, P.S.- Bathwariya, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== 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 prayed for regular bail in a case registered for the offence punishable under sections 143, 147, 148, 149, 341, 323, 353, 332, 333, 338, 435, 307, 427, 504, 120(B), 395, 412 of the Indian Penal Code, Section 27 of Arms Act and Section 3, 4 of the Prevention of damage to public property Act.

As per prosecution case, it is alleged that about 500700 persons including the petitioner were doing protest against scheme of Agniveer Sena Bahali and during protest they damaged public property.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.464 of 2023(2) dt.24-03-2023 2/2 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 on the basis of suspicion. It is further submitted that his name came into light in this case on the basis of confessional statement of co-accused persons. It appears from FIR that there is no specific overt-act has been alleged against the petitioner. Moreover, the petitioner is languishing in judicial custody since 13.7.2022. 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 custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bettiah Town P.S. Case No. 456 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 C.J.M., West Champaran at Bettiah. (Sunil Kumar Panwar, J) Amandeep/- U T