Patna High CourtCR. MISC./1248/2023bail granted

Monu Kumar v. The State Of Bihar

2023-04-20Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1248 of 2023 Arising Out of PS. Case No.-153 Year-2022 Thana- KHARIK District- Bhagalpur ====================================================== Monu Kumar, S/o Sanoj Yadav @ Sanoj Kumar Yadav, R/o Vill - Krishnagar Bishwapuriya, P.S.- Kharik, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Yadav, Advocate For the Opposite Party/s :

Mr.Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 20-04-2023 Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Kharik P.S. Case No. 153 of 2022 dated 17.06.2022 registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 307, 436, 186, 188, 332, 333, 338, 353, 427, 504 of the Indian Penal Code.

3. It has been submitted on behalf of petitioner that petitioner has been falsely implicated in this case, petitioner had not participated in the alleged protest against Agnipath Yojna, FIR has been registered against 17 named and 100-150 unknown persons and he is only alleged to be the member of unlawful assembly and there is no specific allegation against the petitioner rather the allegations are general and omnibus,

Patna High Court CR. MISC. No.1248 of 2023(2) dt.20-04-2023 2/2 moreover nothing has been recovered from the possession of the petitioner. Further submission is that similarly situated coaccused person namely, Gobind Kumar @ Govind Kumar has been granted bail by a co-ordinate bench of this court vide order passed in Cr. Misc. No. 48624 of 2022 and petitioner has been languishing in jail since 05.07.2022 having no criminal antecedent.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and mainly petitioner's custody period, in the opinion of this court, the petitioner deserves to a lenient approach of this court. Accordingly, let the petitioner be released on bail in connection with Kharik P.S. Case No. 153 of 2022 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) Rajiv/- U T