Rajesh Kumar Keshari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85931 of 2023 Arising Out of PS. Case No.-109 Year-2020 Thana- FATEHPUR District- Gaya ====================================================== Rajesh Kumar Keshari Son Of Raghunandan Prasad Keshari Resident Of Village- Kariyadpur, P.O.- Kariyadpur, P.S.- Fatehpur, Distt.-GAYA, Pin824232 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anmol Kumar For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 109, 147, 148, 149, 332, 337, 353, 153(A), 295, 295(A), 297, 427, 186, 188, 269, 270, 504, 506 of the Indian Penal Code and Section 3 of the Prevention of Damage to Public Property Act and subsequently Section 307 of the Indian Penal Code has been added.

3. Petitioner along with other accused persons are said to have created a nuisance and obstructed the police in discharging the official duty.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.85931 of 2023(2) dt.18-01-2024 2/2 case. He submits that there is no specific overt act against the petitioner. He submits that there is general and omnibus allegation levelled against the petitioner. He submits that similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 08.06.2022 passed in Cr. Misc. No. 33185 of 2021. He further submits that petitioner has one criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Fatehpur P.S. Case No. 109 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T