Patna High CourtCR. MISC./78655/2023bail granted

Dinkar Yadav @ Digvijay Kumar v. The State Of Bihar

2024-01-16Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78655 of 2023 Arising Out of PS. Case No.-175 Year-2022 Thana- GOH District- Aurangabad ====================================================== Dinkar Yadav @ Digvijay Kumar Son Of Surendra Yadav Resident Of Village- Nirpura, Ps- Goh, Distt- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Chandra Bhaskar, Adv.

For the Opposite Party/s :

Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Goh P.S. Case No. 175 of 2022 dated 18.06.2022 registered for the offences punishable u/ss 147, 148, 149, 341, 342, 504, 427, 307, 188, 290, 186, 189 and 353 of the Indian Penal Code and u/s 3/4 of the Prevention of Damage to Public Property Act.

3. As per the prosecution case, the petitioner and the other co-accused persons were the member of unlawful assembly assembled at Jagpati Chowk against the Agnipath Scheme of the Central Government and obstructed the road and started pelting stones on the police personnel and caused injury

Patna High Court CR. MISC. No.78655 of 2023(2) dt.16-01-2024 2/3 to them and damaged the vehicles. They also entered the government office and damaged the glass and also damaged the shops situated there. It is further alleged that the petitioner and the other co-accused persons caused hindrance in discharge of official duties of the police personnel.

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing has been recovered from the possession of the petitioner. It is further submitted that the petitioner has no concern with the alleged offence. The co-accused person has already been granted anticipatory bail by this court vide order dated 08.11.2023 passed in Cr. Misc. No. 65444 of 2023. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs.

Patna High Court CR. MISC. No.78655 of 2023(2) dt.16-01-2024 3/3 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Daudnagar, Aurangabad in connection with Goh P.S. Case No. 175 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T