Patna High Court - Orders
Mukesh Patel @ Vishal Jee @ Vishal @ Rahul ... vs The State Of Bihar on 27 November, 2019
Author: Sanjay Karol
Bench: Chief Justice
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20245 of 2019
Arising Out of PS. Case No.-1 Year-2016 Thana- DORIGANJ District- Saran
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MUKESH PATEL @ VISHAL JEE @ VISHAL @ RAHUL JEE son of
Surendra Patel, Resident of Village- Subhaigarh, Police Station-
Runnisaidpur, District- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Sunil Prasad Singh
For the Opposite Party/s : Mr.Ashok Kumar
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CORAM: HONOURABLE THE CHIEF JUSTICE
ORAL ORDER
6 27-11-2019Instant petition under Sections 439 and 440 of Criminal Procedure Code has been moved for grant of bail in F.I.R. No. 01 of 2016 dated 02.01.2016 registered at Police Station Doriganj, District-Saran under Sections 387, 427, 506 and 120B of the Indian Penal Code, Sections 3,4 and 5 of the Explosive Substance Act, Section 17 of the Criminal Law Amendment Act and Sections 10, 13, 16, 17, 18 and 20 of the Unlawful Activities Prevention Act, 1967.
Petitioner is in custody since 23.05.2018 in relation to an offence allegedly committed in the year 2016.
The applicant seeks bail on the ground of parity inasmuch as co-accused arrayed as such on the basis of confessional statement alone, stands enlarged on bail by this Patna High Court CR. MISC. No.20245 of 2019(6) dt.27-11-2019 2/3 Court vide order dated 19.12.2016 passed in Cr. Misc. No. 46278 of 2016.
In a case of grant of bail, plea of parity cannot be entertained, moreso, when there is direct evidence against the instant petitioner and that petitioner, unlike the other co- accused, has past criminal antecedent of serious in nature, reference of which is there in para-3 of the bail application, which reads as under:
"3. That so far the criminal antecedent of the petitioner is concerned he has been made accused in five other cases i.e., (I) Muzaffarpur Rail P.S.Case No. 20/16 u/s 147, 148, 149, 435, 427, 341, 342,323,504,506 IPC and 27 Arms Act and (ii) Maker P.S.Case No. 56/16 u/s 307/34 IPC and 27 Arms Act (iii) Panapur P.S.Case No. 85/15 u/s 302/34 IPC (iv) Mohammadpur P.S.Case No. 26/16 u/s 302/34 IPC and (v) Gorakha P.S.Case No. 05/16 u/s 147,148,149,323,341,379 IPC and 27 Arms Act. In all the cases petitioner is not named in the FIR and in all cases, petitioner is on bail."
The allegations of the prosecution are multiple and serious in nature. In the instant bail application, petitioner raised illegal demands of extortion from a construction company carrying out public work in the area where the instant petitioner has been carrying out anti national activities and the petitioner is commonly termed as MAOBADI. Three live bombs were also placed to disrupt the activity of public life and destroy the Patna High Court CR. MISC. No.20245 of 2019(6) dt.27-11-2019 3/3 public property.
It is a case of offence of serious nature. Prima facie, it cannot be said that the prosecution case is false. There is serious offence of extortion by fear; mischief causing damage to public property; criminal intimidation and other offences of serious nature. The punishment prescribed is severe and there is larger conspiracy to destablise the normal public functioning.
As such having given thoughtful consideration, the bail application stands dismissed.
(Sanjay Karol, CJ) sujit/-
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