Patna High Court - Orders
Kundan Patel @ Kundan Kumar vs The State Of Bihar on 30 January, 2023
Author: Madhuresh Prasad
Bench: Madhuresh Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3292 of 2023
Arising Out of PS. Case No.-457 Year-2022 Thana- BETTIAH CITY District- West
Champaran
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KUNDAN PATEL @ KUNDAN KUMAR, Son of Naval Patel @ Nawal
Kishor Prasad, R/v- Baswariya, P.S.- Bettiah Town, Dist- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Adv
For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP
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CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD
ORAL ORDER
2 30-01-2023Heard learned counsel for the petitioner and learned APP for the State.
This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.
Petitioner seeks bail in connection with Bettiah (T) P.S. Case No. 457 of 2022 registered under Sections 143, 147, 148, 149, 341, 323, 353, 332, 333, 338, 435, 436, 307, 427, 504, 120(B), 395, 412 of the Indian Penal Code and 27 of the Arms Act and ¾ Prevention of Damage to Public Property Act.
There is an allegation that 72 named and 500 to 700 unnamed persons resorted to violent protest upon the house of an Hon'ble Member of Parliament. They have allegedly damaged public Patna High Court CR. MISC. No.3292 of 2023(2) dt.30-01-2023 2/3 property in the process and also indulged in arson.
Learned counsel for the petitioner submits that petitioner has been made an accused by name. It is surprising how 72 persons have been accused as named when the allegation is that the protest was being done by 500 to 700 persons. The petitioner has been implicated in one case on the same date arising out of similar incident of alleged violent demonstration/protest against some Government related employment scheme. The petitioner is stated to be in custody since 25.08.2022. In fact, he is a student and has become victim of the circumstance. Investigation is complete.
Learned APP has opposed the prayer for bail. It is alleged that persons in the mob were also found to be having weapons. Damage has been caused to public property and general public order.
Considering the rival submissions, nature of allegations and the period of custody, also taking into consideration the fact that petitioner is stated to be a student, this Court is inclined to allow the prayer for bail of the petitioner.
Prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., West Champaran, Bettiah, in connection with Bettiah (T) P.S. Case No. 457 of 2022, subject to the following conditions:-
(i) That one of the bailors will be a close relative Patna High Court CR. MISC. No.3292 of 2023(2) dt.30-01-2023 3/3 of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) Sumit/shashank-
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