Patna High Court - Orders
Kishor Kumar vs The State Of Bihar on 8 December, 2022
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58334 of 2022
Arising Out of PS. Case No.-358 Year-2022 Thana- MASAUDHI District- Patna
======================================================
Niku Kumar Son of Paulesh Prasad Singh @ Pravesh Singh @ Paulesh Singh
Resident of Village - Jagdishpur, P.s.- Massaurhi, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 54635 of 2022
Arising Out of PS. Case No.-358 Year-2022 Thana- MASAUDHI District- Patna
======================================================
Rohit Kumar Son of Mithilesh Prasad Resident of village - Jayram Bigha
(Maimabad), P.S.- Ghoshi, District - Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 54805 of 2022
Arising Out of PS. Case No.-358 Year-2022 Thana- MASAUDHI District- Patna
======================================================
Vikram Kumar @ Bam Son of Bijendra Sharma R/V- Taregna Dih, P.S-
Masaurhi, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 55443 of 2022
Arising Out of PS. Case No.-358 Year-2022 Thana- MASAUDHI District- Patna
======================================================
1. Gopal Kumar S/O Surendra Kumar @ Surendra Kewat R/o Village- Bijawar,
P.S.- Dhanaruwa, Distt- Patna.
2. Ajit Kumar S/o Arjun Prasad R/o Village- Mallahchak, P.S.- Masaurhi,
Distt- Patna.
3. Krishna Kumar S/o Buletan Kewat R/o Village- Seodaha, P.S.- Dhanruwa,
Patna High Court CR. MISC. No.58334 of 2022(3) dt.08-12-2022
2/54
Distt- Patna.
4. Chandan Kumar S/o Mahendra Singh R/o Village- Bizawar, Dhanaruwa,
Distt- Patna.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 55765 of 2022
Arising Out of PS. Case No.-358 Year-2022 Thana- MASAUDHI District- Patna
======================================================
Kishor Kumar S/O Sri Satish Kumar Resident of Village- Sahabad, P.S.-
Masaudhi, District- Patna.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 56396 of 2022
Arising Out of PS. Case No.-358 Year-2022 Thana- MASAUDHI District- Patna
======================================================
Vicky Kumar Son of Sanjay Kumar @ Sanjay Prasad Resident of mohalla-
Shree Nagar, P.S- Masaurhi, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 56470 of 2022
Arising Out of PS. Case No.-358 Year-2022 Thana- MASAUDHI District- Patna
======================================================
Ravi Kumar Son of Jitendra Mistri R/V- Nimra, P.S- Kadirganj, Dist- patna.
At present residing at Shree Nagar, P.S- Masaurhi, dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
Patna High Court CR. MISC. No.58334 of 2022(3) dt.08-12-2022
3/54
CRIMINAL MISCELLANEOUS No. 56667 of 2022
Arising Out of PS. Case No.-358 Year-2022 Thana- MASAUDHI District- Patna
======================================================
Amish Kumar @ Anish Kumar Son of Satyendra Prasad R/V- Karahra, P.S-
Sigodi, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 57623 of 2022
Arising Out of PS. Case No.-358 Year-2022 Thana- MASAUDHI District- Patna
======================================================
1. Nitish Kumar @ Nitish Pandey S/O Baikunth Pandey Resident of village-
Maliya Mahadev, P.S- Alamganj District- Patna
2. Ajeet Kumar S/O Ram Pukar Singh Resident of village- Bhaiswa, P.S -
Masaurhi, District- patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 57710 of 2022
Arising Out of PS. Case No.-358 Year-2022 Thana- MASAUDHI District- Patna
======================================================
Abhishek Kumar @ Abhishekh Kumar S/o Late Deorik Mistri R/V- Bhadura,
P.S.- Masaurhi, Distt- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 58020 of 2022
Arising Out of PS. Case No.-358 Year-2022 Thana- MASAUDHI District- Patna
======================================================
1. Rohit Kumar Son of Parmanand Prasad @ Parman Prasad Resident of
Muhalla- Srinagar Kalluchak, PO- Masaurhi, PS- Masaurhi, Patna, Bihar
804452
2. Ashish Kumar Son of Sunil Kumar @ Sunil Prasad Resident of Muhalla-
Patna High Court CR. MISC. No.58334 of 2022(3) dt.08-12-2022
4/54
Srinagar Kalluchak, PO- Masaurhi, PS- Masaurhi, Patna, Bihar 804452
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 58500 of 2022
Arising Out of PS. Case No.-358 Year-2022 Thana- MASAUDHI District- Patna
======================================================
1. Uttam Kumar S/O Rajnandan Prasad Resident of village- Jaitipur, P.S.-
Naubatpur, District- Patna
2. Satyam Kumar S/O Rajnandan Prasad Resident of village- Jaitipur, P.S.-
Naubatpur, District- Patna
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 58803 of 2022
Arising Out of PS. Case No.-358 Year-2022 Thana- MASAUDHI District- Patna
======================================================
Dhiraj Kumar S/O Raj Ballam Singh @ Raj Ballam Mahto Resident Of
Village- Bhaudara, P.S.- Masaurhi, District- Patna
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 58938 of 2022
Arising Out of PS. Case No.-358 Year-2022 Thana- MASAUDHI District- Patna
======================================================
Jitendra Kumar Son Of Sri Ramadhar Prasad R/O Village- Bari Bigha,
Masaurhi, P.S.- Kadirganj, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Patna High Court CR. MISC. No.58334 of 2022(3) dt.08-12-2022
5/54
with
CRIMINAL MISCELLANEOUS No. 58975 of 2022
Arising Out of PS. Case No.-358 Year-2022 Thana- MASAUDHI District- Patna
======================================================
Avinash Kumar S/o Shankar Prasad R/V- Lakhibag, P.S.- Masaurhi, Distt-
Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 59571 of 2022
Arising Out of PS. Case No.-358 Year-2022 Thana- MASAUDHI District- Patna
======================================================
Sonu Kumar Son of Rup Chand Choudhary R/O Village- Taregna Dih, P.S.-
Masaudhi, District- Patna
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 62127 of 2022
Arising Out of PS. Case No.-358 Year-2022 Thana- MASAUDHI District- Patna
======================================================
Rohit Kumar S/o Dayal Ram @ Shivdayal Ram R/V- Ghorahuwan, P.S.-
Masaurhi, Distt- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 62214 of 2022
Arising Out of PS. Case No.-358 Year-2022 Thana- MASAUDHI District- Patna
======================================================
Chintu Kumar Son of Rajesh Kumar Resident of village - Taregna Chak, P.S.-
Masaurhi, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
Patna High Court CR. MISC. No.58334 of 2022(3) dt.08-12-2022
6/54
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 63886 of 2022
Arising Out of PS. Case No.-358 Year-2022 Thana- MASAUDHI District- Patna
======================================================
Chandan Kumar Son of Shailendra Sharma @ Shailendra Kumar Resident of
Village- Babhnawarui, Post Office- Bamhan Barui, P.S.- Hilsa and District-
Nalanda, Bihar 801302
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 58334 of 2022)
For the Petitioner/s : Mr.Chadra Shekhar, Advocate
For the Opposite Party/s : Mr.Raj Ballabh Singh, APP
(In CRIMINAL MISCELLANEOUS No. 54635 of 2022)
For the Petitioner/s : Mr.Anuj Kumar, Advocate
For the Opposite Party/s : Mr.Umeshanand Pandit, APP
(In CRIMINAL MISCELLANEOUS No. 54805 of 2022)
For the Petitioner/s : Mr.Kishhore Kumar Thakur, Advocate
Mr.Braj Kishore Singh, Advocate
For the Opposite Party/s : Mr.Bharat Bhushan, APP
(In CRIMINAL MISCELLANEOUS No. 55443 of 2022)
For the Petitioner/s : Mr.Rudal Singh, Advocate
For the Opposite Party/s : Mr.Ram Sumiran Rai, APP
(In CRIMINAL MISCELLANEOUS No. 55765 of 2022)
For the Petitioner/s : Mr.Sunil Kumar Pathak, Advocate
For the Opposite Party/s : Mr.Binod Kumar, APP
(In CRIMINAL MISCELLANEOUS No. 56396 of 2022)
For the Petitioner/s : Mr.Anuj Kumar
For the Opposite Party/s : Mr.Satyendra Narayan Singh
(In CRIMINAL MISCELLANEOUS No. 56470 of 2022)
For the Petitioner/s : Mr.Anuj Kumar, Advocate
Mr.Rakesh Kumar, Advocate
Mr.Shyam Kishore, Advocate
For the Opposite Party/s : Mr.Navin Kumar Pandey, APP
(In CRIMINAL MISCELLANEOUS No. 56667 of 2022)
For the Petitioner/s : Mr.Priyesh Kumar
For the Opposite Party/s : Mr.Rajendra Nath Jha
(In CRIMINAL MISCELLANEOUS No. 57623 of 2022)
For the Petitioner/s : Mr.Satish Chandra
For the Opposite Party/s : Mr.Rajiv Nayan App, 231
(In CRIMINAL MISCELLANEOUS No. 57710 of 2022)
For the Petitioner/s : Mr.Anuj Kumar, Advocate
For the Opposite Party/s : Mr.Pranav Kumar, APP
(In CRIMINAL MISCELLANEOUS No. 58020 of 2022)
For the Petitioner/s : Mr.Mritunjay Kumar Singh
For the Opposite Party/s : Mr.Ramchandra Sahni
(In CRIMINAL MISCELLANEOUS No. 58500 of 2022)
Patna High Court CR. MISC. No.58334 of 2022(3) dt.08-12-2022
7/54
For the Petitioner/s : Mr.Atul Sanker, Advocate
For the Opposite Party/s : Mr.Umesh Lal Verma, APP
(In CRIMINAL MISCELLANEOUS No. 58803 of 2022)
For the Petitioner/s : Mr.Anuj Kumar, Advocate
For the Opposite Party/s : Mr.Umanath Mishra, APP
(In CRIMINAL MISCELLANEOUS No. 58938 of 2022)
For the Petitioner/s : Mr.Manoj Kumar Sinha, Advocate
For the Opposite Party/s : Mr.Shyam Kumar Singh, APP
(In CRIMINAL MISCELLANEOUS No. 58975 of 2022)
For the Petitioner/s : Mr.Satish Chandra, Advocate
For the Opposite Party/s : Mr.Uday Chand Prasad, APP
(In CRIMINAL MISCELLANEOUS No. 59571 of 2022)
For the Petitioner/s : Mr.Digamber Kr. Singh, Advocate
Mr.Lal Babu Paswan, Advocate
For the Opposite Party/s : Mr.Anil Kumar Singh, No.1,APP
(In CRIMINAL MISCELLANEOUS No. 62127 of 2022)
For the Petitioner/s : Mr.Manoj Kumar Pandey, Advocate
For the Opposite Party/s : Mr.Anuj Kumar Shrivastava, APP
(In CRIMINAL MISCELLANEOUS No. 62214 of 2022)
For the Petitioner/s : Mr.Anuj Kumar, Advocate
For the Opposite Party/s : Ms.Madhuri Lata, APP
(In CRIMINAL MISCELLANEOUS No. 63886 of 2022)
For the Petitioner/s : Mr.Avinash Chandra, Advocate
For the Opposite Party/s : Mr.Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 08-12-2022(In Cr. Misc. No. 58334 of 2022) Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Masaurhi P.S. Case No. 358 of 2022 registered for the offence under Sections 147, 148, 149, 332, 333, 353, 307, 337, 338, 435, 120(B) and 427 of the Indian Penal Code and Section ¾ of the Damage to Public Property Act.
The accused/petitioner is named in the F.I.R. and is in Patna High Court CR. MISC. No.58334 of 2022(3) dt.08-12-2022 8/54 custody since 18.06.2022.
The allegation against the petitioner is to damage property of rail, bus, other public properties etc. by putting them on fire and also pelting stones over police personnels, while protesting Agniveer Scheme of recruitment in military, which was called by certain political parties, alongwith 75 named and 1000 to 1500 unknown co-accused persons.
Learned counsel appearing on behalf of the petitioner submitted that there is no specific allegation or overt act available against this petitioner, where admittedly, as per F.I.R., petitioner was the part of crowd only. It is submitted that prior to this occurrence, antecedent of this petitioner was clean but he was named in one (1) more case out of same protest. It is further submitted that it is highly improbable to present petitioner at two (2) different places of occurrence at same time be at Masaurhi and Jehanabad GRP Area. While concluding the argument, it is submitted that investigation in this case is complete for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP opposes the prayer of bail.
In view of the facts and circumstances, as mentioned above, as allegation is limited to be a part of crowd only, Patna High Court CR. MISC. No.58334 of 2022(3) dt.08-12-2022 9/54 without specifying any overt act coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Masaurhi P.S. Case No. 358 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Masaurhi/concerned Court, subject to the following conditions:
"(i) That the accused/petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which the State shall be at liberty to move before the learned Trial Court itself for the cancellation of bail bond of the petitioner.
(ii) That accused/petitioner shall cooperate in the trial and shall be physically present on each and every date before the learned Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the learned Trial Court, only on medical ground of the petitioner duly supported by the documents.
(iii) That one of the bailors shall be the deponent of the present bail petition."
Patna High Court CR. MISC. No.58334 of 2022(3) dt.08-12-2022 10/54 (In Cr. Misc. No. 54635 of 2022) Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Masaurhi P.S. Case No. 358 of 2022 registered for the offence under Sections 147, 148, 149, 332, 333, 353, 307, 337, 338, 435, 120(B) and 427 of the Indian Penal Code and Section ¾ of the Damage to Public Property Act.
The accused/petitioner is named in the F.I.R. and is in custody since 19.06.2022.
The allegation against the petitioner is to damage property of rail, bus, other public properties etc. by putting them on fire and also pelting stones over police personnels, while protesting Agniveer Scheme of recruitment in military, which was called by certain political parties, alongwith 75 named and 1000 to 1500 unknown co-accused persons.
Learned counsel appearing on behalf of the petitioner submitted that there is no specific allegation or overt act available against this petitioner, where admittedly, as per F.I.R., petitioner was the part of crowd only. It is submitted that prior to Patna High Court CR. MISC. No.58334 of 2022(3) dt.08-12-2022 11/54 this occurrence, antecedent of this petitioner was clean but he was named in 2 more cases out of same protest. It is further submitted that it is highly improbable to present petitioner at three (3) different places of occurrence at same time be at Masaudhi, Jehanabad and Patna GRP area. While concluding the argument, it is submitted that investigation in this case is complete for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP opposes the prayer of bail.
In view of the facts and circumstances, as mentioned above, as allegation is limited to be a part of crowd only, without specifying any overt act coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Masaurhi P.S. Case No. 358 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Masaurhi, Patna/concerned Court, subject to the following conditions:
"(i) That the accused/petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which the State shall be at liberty to move before the learned Patna High Court CR. MISC. No.58334 of 2022(3) dt.08-12-2022 12/54 Trial Court itself for the cancellation of bail bond of the petitioner.
(ii) That accused/petitioner shall cooperate in the trial and shall be physically present on each and every date before the learned Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the learned Trial Court, only on medical ground of the petitioner duly supported by the documents.
(iii) That one of the bailors shall be the deponent of the present bail petition."
(In Cr. Misc. No. 54805 of 2022) Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Masaurhi P.S. Case No. 358 of 2022 registered for the offence under Sections 147, 148, 149, 332, 333, 353, 307, 337, 338, 435, 120(B) and 427 of the Indian Penal Code and Section ¾ of the Damage to Public Property Act.
Patna High Court CR. MISC. No.58334 of 2022(3) dt.08-12-2022 13/54 The accused/petitioner is not named in the F.I.R. and is in custody since 21.06.2022.
The allegation against the petitioner is to damage property of rail, bus, other public properties etc. by putting them on fire and also pelting stones over police personnels, while protesting Agniveer Scheme of recruitment in military, which was called by certain political parties, alongwith 75 named and 1000 to 1500 unknown co-accused persons.
Learned counsel appearing on behalf of the petitioner submitted that there is no specific allegation or overt act available against this petitioner, where admittedly, as per F.I.R., petitioner was the part of crowd only. It is submitted that petitioner is a man of clean antecedent. While concluding the argument, it is submitted that investigation in this case is complete for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP opposes the prayer of bail.
In view of the facts and circumstances, as mentioned above, as allegation is limited to be a part of crowd only, without specifying any overt act coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection Patna High Court CR. MISC. No.58334 of 2022(3) dt.08-12-2022 14/54 with Masaurhi P.S. Case No. 358 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Masaurhi/concerned Court, subject to the following conditions:
"(i) That the accused/petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which the State shall be at liberty to move before the learned Trial Court itself for the cancellation of bail bond of the petitioner.
(ii) That accused/petitioner shall cooperate in the trial and shall be physically present on each and every date before the learned Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the learned Trial Court, only on medical ground of the petitioner duly supported by the documents.
(iii) That one of the bailors shall be the deponent of the present bail petition."
(In Cr. Misc. No. 55443 of 2022) Heard learned counsel appearing on behalf of the Patna High Court CR. MISC. No.58334 of 2022(3) dt.08-12-2022 15/54 petitioners and learned counsel appearing on behalf of the State.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioners seek bail in connection with Masaurhi P.S. Case No. 358 of 2022 registered for the offence under Sections 147, 148, 149, 332, 333, 353, 307, 337, 338, 435, 120(B) and 427 of the Indian Penal Code and Section ¾ of the Damage to Public Property Act.
The accused/petitioners are named in the F.I.R. and all are in custody since 18.06.2022.
The allegation against the petitioner is to damage property of rail, bus, other public properties etc. by putting them on fire and also pelting stones over police personnels, while protesting Agniveer Scheme of recruitment in military, which was called by certain political parties, alongwith 75 named and 1000 to 1500 unknown co-accused persons.
Learned counsel appearing on behalf of the petitioners submitted that there is no specific allegation or overt act available against these petitioners, where admittedly, as per F.I.R., petitioners were the part of crowd only. It is submitted that prior to this occurrence, antecedent of the petitioner no.1 was clean but he was named in 3 more cases out of same Patna High Court CR. MISC. No.58334 of 2022(3) dt.08-12-2022 16/54 protest, where it is highly improbable for petitioner no.1 to be present at three (3) different places of occurrence, whereas petitioner nos. 2, 3 and 4 are not even named in subsequent occurrence. While concluding the argument, it is submitted that investigation in this case is complete for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP opposes the prayer of bail.
In view of the facts and circumstances, as mentioned above, as allegation is limited to be a part of crowd only, without specifying any overt act coupled with the fact that charge-sheet has already been submitted, let all the petitioners, above named, are directed to be released on bail in connection with Masaurhi P.S. Case No. 358 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Masaurhi/concerned Court, subject to the following conditions:
"(i) That the accused/petitioners shall not involve in the similar nature of offence till the conclusion of trial, failing which the State shall be at liberty to move before the learned Trial Court itself for the cancellation of bail Patna High Court CR. MISC. No.58334 of 2022(3) dt.08-12-2022 17/54 bond of the petitioners.
(ii) That accused/petitioners shall cooperate in the trial and shall be physically present on each and every date before the learned Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the learned Trial Court, only on medical ground of the petitioners duly supported by the documents.
(iii) That one of the bailors shall be the deponent of the present bail petition."
(In Cr. Misc. No. 55765 of 2022) Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Masaurhi P.S. Case No. 358 of 2022 registered for the offence under Sections 147, 148, 149, 332, 333, 353, 307, 337, 338, 435, 120(B) and 427 of the Indian Penal Code and Section ¾ of the Damage to Public Property Act.
The accused/petitioner is named in the F.I.R. and is in custody since 18.06.2022.
Patna High Court CR. MISC. No.58334 of 2022(3) dt.08-12-2022 18/54 The allegation against the petitioner is to damage property of rail, bus, other public properties etc. by putting them on fire and also pelting stones over police personnels, while protesting Agniveer Scheme of recruitment in military, which was called by certain political parties, alongwith 75 named and 1000 to 1500 unknown co-accused persons.
Learned counsel appearing on behalf of the petitioner submitted that there is no specific allegation or overt act available against this petitioner, where admittedly, as per F.I.R., petitioner was the part of crowd only. It is submitted that petitioner is a man of clean antecedent. While concluding the argument, it is submitted that investigation in this case is complete for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP opposes the prayer of bail.
In view of the facts and circumstances, as mentioned above, as allegation is limited to be a part of crowd only, without specifying any overt act coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Masaurhi P.S. Case No. 358 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties Patna High Court CR. MISC. No.58334 of 2022(3) dt.08-12-2022 19/54 of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Masaurhi, Patna/concerned Court, subject to the following conditions:
"(i) That the accused/petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which the State shall be at liberty to move before the learned Trial Court itself for the cancellation of bail bond of the petitioner.
(ii) That accused/petitioner shall cooperate in the trial and shall be physically present on each and every date before the learned Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the learned Trial Court, only on medical ground of the petitioner duly supported by the documents.
(iii) That one of the bailors shall be the deponent of the present bail petition."
(In Cr. Misc. No. 56396 of 2022) Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.
Let the defect(s), if any, be removed within a period Patna High Court CR. MISC. No.58334 of 2022(3) dt.08-12-2022 20/54 of four weeks from today.
The petitioner seeks bail in connection with Masaurhi P.S. Case No. 358 of 2022 registered for the offence under Sections 147, 148, 149, 332, 333, 353, 307, 337, 338, 435, 120(B) and 427 of the Indian Penal Code and Section ¾ of the Damage to Public Property Act.
The accused/petitioner is named in the F.I.R. and is in custody since 18.06.2022.
The allegation against the petitioner is to damage property of rail, bus, other public properties etc. by putting them on fire and also pelting stones over police personnels, while protesting Agniveer Scheme of recruitment in military, which was called by certain political parties, alongwith 75 named and 1000 to 1500 unknown co-accused persons.
Learned counsel appearing on behalf of the petitioner submitted that there is no specific allegation or overt act available against this petitioner, where admittedly, as per F.I.R., petitioner was the part of crowd only. It is submitted that prior to this occurrence, antecedent of this petitioner was clean but he was named in 2 more cases out of same protest. It is further submitted that it is highly improbable to present petitioner at three (3) different places of occurrence at same time be at Patna High Court CR. MISC. No.58334 of 2022(3) dt.08-12-2022 21/54 Masaudhi, Jehanabad and Patna GRP area. While concluding the argument, it is submitted that investigation in this case is complete for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP opposes the prayer of bail.
In view of the facts and circumstances, as mentioned above, as allegation is limited to be a part of crowd only, without specifying any overt act coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Masaurhi P.S. Case No. 358 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Masaurhi/concerned Court, subject to the following conditions:
"(i) That the accused/petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which the State shall be at liberty to move before the learned Trial Court itself for the cancellation of bail bond of the petitioner.
(ii) That accused/petitioner shall cooperate in the trial and shall be physically Patna High Court CR. MISC. No.58334 of 2022(3) dt.08-12-2022 22/54 present on each and every date before the learned Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the learned Trial Court, only on medical ground of the petitioner duly supported by the documents.
(iii) That one of the bailors shall be the deponent of the present bail petition."
(In Cr. Misc. No. 56470 of 2022) Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Masaurhi P.S. Case No. 358 of 2022 registered for the offence under Sections 147, 148, 149, 332, 333, 353, 307, 337, 338, 435, 120(B) and 427 of the Indian Penal Code and Section ¾ of the Damage to Public Property Act.
The accused/petitioner is named in the F.I.R. and is in custody since 18.06.2022.
The allegation against the petitioner is to damage property of rail, bus, other public properties etc. by putting them Patna High Court CR. MISC. No.58334 of 2022(3) dt.08-12-2022 23/54 on fire and also pelting stones over police personnels, while protesting Agniveer Scheme of recruitment in military, which was called by certain political parties, alongwith 75 named and 1000 to 1500 unknown co-accused persons.
Learned counsel appearing on behalf of the petitioner submitted that there is no specific allegation or overt act available against this petitioner, where admittedly, as per F.I.R., petitioner was the part of crowd only. It is submitted that prior to this occurrence, antecedent of this petitioner was clean but he was named in 2 more cases out of same protest. It is further submitted that it is highly improbable to present petitioner at three (3) different places of occurrence at same time be at Masaudhi, Jehanabad and Patna GRP area. While concluding the argument, it is submitted that investigation in this case is complete for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP opposes the prayer of bail.
In view of the facts and circumstances, as mentioned above, as allegation is limited to be a part of crowd only, without specifying any overt act coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection Patna High Court CR. MISC. No.58334 of 2022(3) dt.08-12-2022 24/54 with Masaurhi P.S. Case No. 358 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Masaurhi, Patna/concerned Court, subject to the following conditions:
"(i) That the accused/petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which the State shall be at liberty to move before the learned Trial Court itself for the cancellation of bail bond of the petitioner.
(ii) That accused/petitioner shall cooperate in the trial and shall be physically present on each and every date before the learned Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the learned Trial Court, only on medical ground of the petitioner duly supported by the documents.
(iii) That one of the bailors shall be the deponent of the present bail petition."
(In Cr. Misc. No. 56667 of 2022) Heard learned counsel appearing on behalf of the Patna High Court CR. MISC. No.58334 of 2022(3) dt.08-12-2022 25/54 petitioner and learned counsel appearing on behalf of the State.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Masaurhi P.S. Case No. 358 of 2022 registered for the offence under Sections 147, 148, 149, 332, 333, 353, 307, 337, 338, 435, 120(B) and 427 of the Indian Penal Code and Section ¾ of the Damage to Public Property Act.
The accused/petitioner is named in the F.I.R. and is in custody since 18.06.2022.
The allegation against the petitioner is to damage property of rail, bus, other public properties etc. by putting them on fire and also pelting stones over police personnels, while protesting Agniveer Scheme of recruitment in military, which was called by certain political parties, alongwith 75 named and 1000 to 1500 unknown co-accused persons.
Learned counsel appearing on behalf of the petitioner submitted that there is no specific allegation or overt act available against this petitioner, where admittedly, as per F.I.R., petitioner was the part of crowd only. It is submitted that prior to this occurrence, antecedent of this petitioner was clean but he was named in 1 more cases out of same protest. It is further Patna High Court CR. MISC. No.58334 of 2022(3) dt.08-12-2022 26/54 submitted that it is highly improbable to present petitioner at two (2) different places of occurrence at same time be at Masaudhi and Jehanabad GRP area. While concluding the argument, it is submitted that investigation in this case is complete for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP opposes the prayer of bail.
In view of the facts and circumstances, as mentioned above, as allegation is limited to be a part of crowd only, without specifying any overt act coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Masaurhi P.S. Case No. 358 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Masaurhi/concerned Court, subject to the following conditions:
"(i) That the accused/petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which the State shall be at liberty to move before the learned Trial Court itself for the cancellation of bail bond of the petitioner.
Patna High Court CR. MISC. No.58334 of 2022(3) dt.08-12-2022 27/54
(ii) That accused/petitioner shall cooperate in the trial and shall be physically present on each and every date before the learned Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the learned Trial Court, only on medical ground of the petitioner duly supported by the documents.
(iii) That one of the bailors shall be the deponent of the present bail petition." (In Cr. Misc. No. 57623 of 2022) Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioners seek bail in connection with Masaurhi P.S. Case No. 358 of 2022 registered for the offence under Sections 147, 148, 149, 332, 333, 353, 307, 337, 338, 435, 120(B) and 427 of the Indian Penal Code and Section ¾ of the Damage to Public Property Act.
The accused/petitioners are not named in the F.I.R. and both are in custody since 22.06.2022.
Patna High Court CR. MISC. No.58334 of 2022(3) dt.08-12-2022 28/54 The allegation against the petitioner is to damage property of rail, bus, other public properties etc. by putting them on fire and also pelting stones over police personnels, while protesting Agniveer Scheme of recruitment in military, which was called by certain political parties, alongwith 75 named and 1000 to 1500 unknown co-accused persons.
Learned counsel appearing on behalf of the petitioners submitted that there is no specific allegation or overt act available against these petitioners, where admittedly, as per F.I.R., petitioners were the part of crowd only. It is submitted that petitioners are men of clean antecedent. While concluding the argument, it is submitted that investigation in this case is complete for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP opposes the prayer of bail.
In view of the facts and circumstances, as mentioned above, as allegation is limited to be a part of crowd only, without specifying any overt act coupled with the fact that charge-sheet has already been submitted, let both the petitioners, above named, are directed to be released on bail in connection with Masaurhi P.S. Case No. 358 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two Patna High Court CR. MISC. No.58334 of 2022(3) dt.08-12-2022 29/54 sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Masaurhi/concerned Court, subject to the following conditions:
"(i) That the accused/petitioners shall not involve in the similar nature of offence till the conclusion of trial, failing which the State shall be at liberty to move before the learned Trial Court itself for the cancellation of bail bond of the petitioners.
(ii) That accused/petitioners shall cooperate in the trial and shall be physically present on each and every date before the learned Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the learned Trial Court, only on medical ground of the petitioners duly supported by the documents.
(iii) That one of the bailors shall be the deponent of the present bail petition."
(In Cr. Misc. No. 57710 of 2022) Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.
Let the defect(s), if any, be removed within a period Patna High Court CR. MISC. No.58334 of 2022(3) dt.08-12-2022 30/54 of four weeks from today.
The petitioner seeks bail in connection with Masaurhi P.S. Case No. 358 of 2022 registered for the offence under Sections 147, 148, 149, 332, 333, 353, 307, 337, 338, 435, 120(B) and 427 of the Indian Penal Code and Section ¾ of the Damage to Public Property Act.
The accused/petitioner is named in the F.I.R. and is in custody since 18.06.2022.
The allegation against the petitioner is to damage property of rail, bus, other public properties etc. by putting them on fire and also pelting stones over police personnels, while protesting Agniveer Scheme of recruitment in military, which was called by certain political parties, alongwith 75 named and 1000 to 1500 unknown co-accused persons.
Learned counsel appearing on behalf of the petitioner submitted that there is no specific allegation or overt act available against this petitioner, where admittedly, as per F.I.R., petitioner was the part of crowd only. It is submitted that prior to this occurrence, antecedent of this petitioner was clean but he was named in 2 more cases out of same protest. It is further submitted that it is highly improbable to present petitioner at three (3) different places of occurrence at same time be at Patna High Court CR. MISC. No.58334 of 2022(3) dt.08-12-2022 31/54 Masaudhi, Jehanabad (Taregna) and Jehanabad R.P.F. Area. While concluding the argument, it is submitted that investigation in this case is complete for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP opposes the prayer of bail.
In view of the facts and circumstances, as mentioned above, as allegation is limited to be a part of crowd only, without specifying any overt act coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Masaurhi P.S. Case No. 358 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Masaurhi/concerned Court, subject to the following conditions:
"(i) That the accused/petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which the State shall be at liberty to move before the learned Trial Court itself for the cancellation of bail bond of the petitioner.
(ii) That accused/petitioner shall Patna High Court CR. MISC. No.58334 of 2022(3) dt.08-12-2022 32/54 cooperate in the trial and shall be physically present on each and every date before the learned Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the learned Trial Court, only on medical ground of the petitioner duly supported by the documents.
(iii) That one of the bailors shall be the deponent of the present bail petition."
(In Cr. Misc. No. 58020 of 2022) Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioners seek bail in connection with Masaurhi P.S. Case No. 358 of 2022 registered for the offence under Sections 147, 148, 149, 332, 333, 353, 307, 337, 338, 435, 120(B) and 427 of the Indian Penal Code and Section ¾ of the Damage to Public Property Act.
The accused/petitioners are named in the F.I.R. and both are in custody since 18.06.2022.
The allegation against the petitioners is to damage Patna High Court CR. MISC. No.58334 of 2022(3) dt.08-12-2022 33/54 property of rail, bus, other public properties etc. by putting them on fire and also pelting stones over police personnels, while protesting Agniveer Scheme of recruitment in military, which was called by certain political parties, alongwith 75 named and 1000 to 1500 unknown co-accused persons.
Learned counsel appearing on behalf of the petitioners submitted that there is no specific allegation or overt act available against these petitioners, where admittedly, as per F.I.R., petitioners were the part of crowd only. It is submitted that prior to this occurrence, antecedent of these petitioners were clean but they were named in 2 more cases out of same protest. It is further submitted that it is highly improbable to present petitioners at three (3) different places of occurrence at same time be at Masaudhi and Jehanabad (Taregna) and Jehanabad RPF Area. While concluding the argument, it is submitted that investigation in this case is complete for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP opposes the prayer of bail.
In view of the facts and circumstances, as mentioned above, as allegation is limited to be a part of crowd only, without specifying any overt act coupled with the fact that Patna High Court CR. MISC. No.58334 of 2022(3) dt.08-12-2022 34/54 charge-sheet has already been submitted, let both the petitioners, above named, are directed to be released on bail in connection with Masaurhi P.S. Case No. 358 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Masaurhi/concerned Court, subject to the following conditions:
"(i) That the accused/petitioners shall not involve in the similar nature of offence till the conclusion of trial, failing which the State shall be at liberty to move before the learned Trial Court itself for the cancellation of bail bond of the petitioners.
(ii) That accused/petitioners shall cooperate in the trial and shall be physically present on each and every date before the learned Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the learned Trial Court, only on medical ground of the petitioners duly supported by the documents.
(iii) That one of the bailors shall be the deponent of the present bail petition."
Patna High Court CR. MISC. No.58334 of 2022(3) dt.08-12-2022 35/54 (In Cr. Misc. No. 58500 of 2022) Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioners seek bail in connection with Masaurhi P.S. Case No. 358 of 2022 registered for the offence under Sections 147, 148, 149, 332, 333, 353, 307, 337, 338, 435, 120(B) and 427 of the Indian Penal Code and Section ¾ of the Damage to Public Property Act.
The accused/petitioners are named in the F.I.R. and both are in custody since 18.06.2022.
The allegation against the petitioner is to damage property of rail, bus, other public properties etc. by putting them on fire and also pelting stones over police personnels, while protesting Agniveer Scheme of recruitment in military, which was called by certain political parties, alongwith 75 named and 1000 to 1500 unknown co-accused persons.
Learned counsel appearing on behalf of the petitioners submitted that there is no specific allegation or overt act available against both petitioners, where admittedly, as per F.I.R., petitioners were the part of crowd only. It is submitted Patna High Court CR. MISC. No.58334 of 2022(3) dt.08-12-2022 36/54 that prior to this occurrence, antecedent of these petitioners were clean but they were named in 2 more cases out of same protest. It is further submitted that it is highly improbable to present petitioners at three (3) different places of occurrence at same time be at Masaudhi, Jehanabad (Taregna) and Jehanabad RPF area. While concluding the argument, it is submitted that investigation in this case is complete for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP opposes the prayer of bail.
In view of the facts and circumstances, as mentioned above, as allegation is limited to be a part of crowd only, without specifying any overt act coupled with the fact that charge-sheet has already been submitted, let both the petitioners, above named, are directed to be released on bail in connection with Masaurhi P.S. Case No. 358 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Masaurhi/concerned Court, subject to the following conditions:
"(i) That the accused/petitioners shall not involve in the similar nature of offence till the conclusion of trial, failing which the State Patna High Court CR. MISC. No.58334 of 2022(3) dt.08-12-2022 37/54 shall be at liberty to move before the learned Trial Court itself for the cancellation of bail bond of the petitioners.
(ii) That accused/petitioners shall cooperate in the trial and shall be physically present on each and every date before the learned Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the learned Trial Court, only on medical ground of the petitioner duly supported by the documents.
(iii) That one of the bailors shall be the deponent of the present bail petition."
(In Cr. Misc. No. 58803 of 2022) Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Masaurhi P.S. Case No. 358 of 2022 registered for the offence under Sections 147, 148, 149, 332, 333, 353, 307, 337, 338, 435, 120(B) and 427 of the Indian Penal Code and Section ¾ of the Damage to Public Property Act.
Patna High Court CR. MISC. No.58334 of 2022(3) dt.08-12-2022 38/54 The accused/petitioner is named in the F.I.R. and is in custody since 18.06.2022.
The allegation against the petitioner is to damage property of rail, bus, other public properties etc. by putting them on fire and also pelting stones over police personnels, while protesting Agniveer Scheme of recruitment in military, which was called by certain political parties, alongwith 75 named and 1000 to 1500 unknown co-accused persons.
Learned counsel appearing on behalf of the petitioner submitted that there is no specific allegation or overt act available against this petitioner, where admittedly, as per F.I.R., petitioner was the part of crowd only. It is submitted that prior to this occurrence, antecedent of this petitioner was clean but he was named in 2 more cases out of same protest. It is further submitted that it is highly improbable to present petitioner at three (3) different places of occurrence at same time be at Masaudhi, Jehanabad and Patna GRP area. While concluding the argument, it is submitted that investigation in this case is complete for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP opposes the prayer of bail.
In view of the facts and circumstances, as mentioned Patna High Court CR. MISC. No.58334 of 2022(3) dt.08-12-2022 39/54 above, as allegation is limited to be a part of crowd only, without specifying any overt act coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Masaurhi P.S. Case No. 358 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Masaurhi/concerned Court, subject to the following conditions:
"(i) That the accused/petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which the State shall be at liberty to move before the learned Trial Court itself for the cancellation of bail bond of the petitioner.
(ii) That accused/petitioner shall cooperate in the trial and shall be physically present on each and every date before the learned Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the learned Trial Court, only on medical ground of the petitioner duly supported by the documents.
(iii) That one of the bailors shall be Patna High Court CR. MISC. No.58334 of 2022(3) dt.08-12-2022 40/54 the deponent of the present bail petition."
(In Cr. Misc. No. 58938 of 2022) Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Masaurhi P.S. Case No. 358 of 2022 registered for the offence under Sections 147, 148, 149, 332, 333, 353, 307, 337, 338, 435, 120(B) and 427 of the Indian Penal Code and Section ¾ of the Damage to Public Property Act.
The accused/petitioner is named in the F.I.R. and is in custody since 18.06.2022.
The allegation against the petitioner is to damage property of rail, bus, other public properties etc. by putting them on fire and also pelting stones over police personnels, while protesting Agniveer Scheme of recruitment in military, which was called by certain political parties, alongwith 75 named and 1000 to 1500 unknown co-accused persons.
Learned counsel appearing on behalf of the petitioner submitted that there is no specific allegation or overt act available against this petitioner, where admittedly, as per F.I.R., Patna High Court CR. MISC. No.58334 of 2022(3) dt.08-12-2022 41/54 petitioner was the part of crowd only. It is submitted that petitioner is a man of clean antecedent. While concluding the argument, it is submitted that investigation in this case is complete for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP opposes the prayer of bail.
In view of the facts and circumstances, as mentioned above, as allegation is limited to be a part of crowd only, without specifying any overt act coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Masaurhi P.S. Case No. 358 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Masaurhi, Patna/concerned Court, subject to the following conditions:
"(i) That the accused/petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which the State shall be at liberty to move before the learned Trial Court itself for the cancellation of bail bond of the petitioner.
(ii) That accused/petitioner shall Patna High Court CR. MISC. No.58334 of 2022(3) dt.08-12-2022 42/54 cooperate in the trial and shall be physically present on each and every date before the learned Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the learned Trial Court, only on medical ground of the petitioner duly supported by the documents.
(iii) That one of the bailors shall be the deponent of the present bail petition."
(In Cr. Misc. No. 58975 of 2022) Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Masaurhi P.S. Case No. 358 of 2022 registered for the offence under Sections 147, 148, 149, 332, 333, 353, 307, 337, 338, 435, 120(B) and 427 of the Indian Penal Code and Section ¾ of the Damage to Public Property Act.
The accused/petitioner is named in the F.I.R. and is in custody since 19.06.2022.
The allegation against the petitioner is to damage Patna High Court CR. MISC. No.58334 of 2022(3) dt.08-12-2022 43/54 property of rail, bus, other public properties etc. by putting them on fire and also pelting stones over police personnels, while protesting Agniveer Scheme of recruitment in military, which was called by certain political parties, alongwith 75 named and 1000 to 1500 unknown co-accused persons.
Learned counsel appearing on behalf of the petitioner submitted that there is no specific allegation or overt act available against this petitioner, where admittedly, as per F.I.R., petitioner was the part of crowd only. It is submitted that petitioner is a man of clean antecedent. While concluding the argument, it is submitted that investigation in this case is complete for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP opposes the prayer of bail.
In view of the facts and circumstances, as mentioned above, as allegation is limited to be a part of crowd only, without specifying any overt act coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Masaurhi P.S. Case No. 358 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Patna High Court CR. MISC. No.58334 of 2022(3) dt.08-12-2022 44/54 Chief Judicial Magistrate, Masaurhi, Patna/concerned Court, subject to the following conditions:
"(i) That the accused/petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which the State shall be at liberty to move before the learned Trial Court itself for the cancellation of bail bond of the petitioner.
(ii) That accused/petitioner shall cooperate in the trial and shall be physically present on each and every date before the learned Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the learned Trial Court, only on medical ground of the petitioner duly supported by the documents.
(iii) That one of the bailors shall be the deponent of the present bail petition."
(In Cr. Misc. No. 59571 of 2022) Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.
Let the defect(s), if any, be removed within a period of four weeks from today.
Patna High Court CR. MISC. No.58334 of 2022(3) dt.08-12-2022 45/54 The petitioner seeks bail in connection with Masaurhi P.S. Case No. 358 of 2022 registered for the offence under Sections 147, 148, 149, 332, 333, 353, 307, 337, 338, 435, 120(B) and 427 of the Indian Penal Code and Section ¾ of the Damage to Public Property Act.
The accused/petitioner is named in the F.I.R. and is in custody since 18.06.2022.
The allegation against the petitioner is to damage property of rail, bus, other public properties etc. by putting them on fire and also pelting stones over police personnels, while protesting Agniveer Scheme of recruitment in military, which was called by certain political parties, alongwith 75 named and 1000 to 1500 unknown co-accused persons.
Learned counsel appearing on behalf of the petitioner submitted that there is no specific allegation or overt act available against this petitioner, where admittedly, as per F.I.R., petitioner was the part of crowd only. It is submitted that prior to this occurrence, petitioner found named in one more criminal case, where he is on bail and after this occurrence, he was named in 1 more case out of same protest. It is further submitted that it is highly improbable to present petitioner at two (2) different places of occurrence at same time be at Masaudhi, Patna High Court CR. MISC. No.58334 of 2022(3) dt.08-12-2022 46/54 Jehanabad. While concluding the argument, it is submitted that investigation in this case is complete for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP opposes the prayer of bail.
In view of the facts and circumstances, as mentioned above, as allegation is limited to be a part of crowd only, without specifying any overt act coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Masaurhi P.S. Case No. 358 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Masaurhi, Patna/concerned Court, subject to the following conditions:
"(i) That the accused/petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which the State shall be at liberty to move before the learned Trial Court itself for the cancellation of bail bond of the petitioner.
(ii) That accused/petitioner shall cooperate in the trial and shall be physically Patna High Court CR. MISC. No.58334 of 2022(3) dt.08-12-2022 47/54 present on each and every date before the learned Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the learned Trial Court, only on medical ground of the petitioner duly supported by the documents.
(iii) That one of the bailors shall be the deponent of the present bail petition."
(In Cr. Misc. No. 62127 of 2022) Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Masaurhi P.S. Case No. 358 of 2022 registered for the offence under Sections 147, 148, 149, 332, 333, 353, 307, 337, 338, 435, 120(B) and 427 of the Indian Penal Code and Section ¾ of the Damage to Public Property Act.
The accused/petitioner is named in the F.I.R. and is in custody since 18.06.2022.
The allegation against the petitioner is to damage property of rail, bus, other public properties etc. by putting them Patna High Court CR. MISC. No.58334 of 2022(3) dt.08-12-2022 48/54 on fire and also pelting stones over police personnels, while protesting Agniveer Scheme of recruitment in military, which was called by certain political parties, alongwith 75 named and 1000 to 1500 unknown co-accused persons.
Learned counsel appearing on behalf of the petitioner submitted that there is no specific allegation or overt act available against this petitioner, where admittedly, as per F.I.R., petitioner was the part of crowd only. It is submitted that petitioner is man of clean antecedent. While concluding the argument, it is submitted that investigation in this case is complete for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP opposes the prayer of bail.
In view of the facts and circumstances, as mentioned above, as allegation is limited to be a part of crowd only, without specifying any overt act coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Masaurhi P.S. Case No. 358 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Masaurhi, Patna/concerned Court, Patna High Court CR. MISC. No.58334 of 2022(3) dt.08-12-2022 49/54 subject to the following conditions:
"(i) That the accused/petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which the State shall be at liberty to move before the learned Trial Court itself for the cancellation of bail bond of the petitioner.
(ii) That accused/petitioner shall cooperate in the trial and shall be physically present on each and every date before the learned Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the learned Trial Court, only on medical ground of the petitioner duly supported by the documents.
(iii) That one of the bailors shall be the deponent of the present bail petition."
(In Cr. Misc. No. 62214 of 2022) Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Masaurhi Patna High Court CR. MISC. No.58334 of 2022(3) dt.08-12-2022 50/54 P.S. Case No. 358 of 2022 registered for the offence under Sections 147, 148, 149, 332, 333, 353, 307, 337, 338, 435, 120(B) and 427 of the Indian Penal Code and Section ¾ of the Damage to Public Property Act.
The accused/petitioner is named in the F.I.R. and is in custody since 18.06.2022.
The allegation against the petitioner is to damage property of rail, bus, other public properties etc. by putting them on fire and also pelting stones over police personnels, while protesting Agniveer Scheme of recruitment in military, which was called by certain political parties, alongwith 75 named and 1000 to 1500 unknown co-accused persons.
Learned counsel appearing on behalf of the petitioner submitted that there is no specific allegation or overt act available against this petitioner, where admittedly, as per F.I.R., petitioner was the part of crowd only. It is submitted that prior to this occurrence, antecedent of this petitioner was clean but he was named in 2 more cases out of same protest. It is further submitted that it is highly improbable to present petitioner at three (3) different places of occurrence at same time be at Masaudhi, Jehanabad and Taregna RPF area. While concluding the argument, it is submitted that investigation in this case is Patna High Court CR. MISC. No.58334 of 2022(3) dt.08-12-2022 51/54 complete for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP opposes the prayer of bail.
In view of the facts and circumstances, as mentioned above, as allegation is limited to be a part of crowd only, without specifying any overt act coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Masaurhi P.S. Case No. 358 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Masaurhi/concerned Court, subject to the following conditions:
"(i) That the accused/petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which the State shall be at liberty to move before the learned Trial Court itself for the cancellation of bail bond of the petitioner.
(ii) That accused/petitioner shall cooperate in the trial and shall be physically present on each and every date before the learned Trial Court till conclusion of the trial Patna High Court CR. MISC. No.58334 of 2022(3) dt.08-12-2022 52/54 and exemption from physical appearance be allowed by the learned Trial Court, only on medical ground of the petitioner duly supported by the documents.
(iii) That one of the bailors shall be the deponent of the present bail petition."
(In Cr. Misc. No. 63886 of 2022) Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Masaurhi P.S. Case No. 358 of 2022 registered for the offence under Sections 147, 148, 149, 332, 333, 353, 307, 337, 338, 435, 120(B) and 427 of the Indian Penal Code and Section ¾ of the Damage to Public Property Act.
The accused/petitioner is named in the F.I.R. and is in custody since 18.06.2022.
The allegation against the petitioner is to damage property of rail, bus, other public properties etc. by putting them on fire and also pelting stones over police personnels, while protesting Agniveer Scheme of recruitment in military, which Patna High Court CR. MISC. No.58334 of 2022(3) dt.08-12-2022 53/54 was called by certain political parties, alongwith 75 named and 1000 to 1500 unknown co-accused persons.
Learned counsel appearing on behalf of the petitioner submitted that there is no specific allegation or overt act available against this petitioner, where admittedly, as per F.I.R., petitioner was the part of crowd only. It is submitted that prior to this occurrence, antecedent of this petitioner was clean but he was named in 2 more cases out of same protest. It is further submitted that it is highly improbable to present petitioner at three (3) different places of occurrence at same time be at Masaudhi, Jehanabad and Patna GRP Area. While concluding the argument, it is submitted that investigation in this case is complete for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP opposes the prayer of bail.
In view of the facts and circumstances, as mentioned above, as allegation is limited to be a part of crowd only, without specifying any overt act coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Masaurhi P.S. Case No. 358 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties Patna High Court CR. MISC. No.58334 of 2022(3) dt.08-12-2022 54/54 of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Masaurhi/concerned Court, subject to the following conditions:
"(i) That the accused/petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which the State shall be at liberty to move before the learned Trial Court itself for the cancellation of bail bond of the petitioner.
(ii) That accused/petitioner shall cooperate in the trial and shall be physically present on each and every date before the learned Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the learned Trial Court, only on medical ground of the petitioner duly supported by the documents.
(iii) That one of the bailors shall be the deponent of the present bail petition."
(Chandra Shekhar Jha, J) R.S.Sen/-
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