Patna High Court - Orders
Anil Nat vs The State Of Bihar on 20 June, 2024
Author: Chandra Prakash Singh
Bench: Chandra Prakash Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41862 of 2024
Arising Out of PS. Case No.-101 Year-2024 Thana- BUXAR MUFFSIL District- Buxar
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Anil Nat, Male, aged about 31 years, S/o Kail Nut @ Kaail Nat, R/o vill -
Kochadhi, P.S. - Rajpur, Distt. - Buxar.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
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Appearance :
For the Petitioner : Mr. Ravi Shankar Pathak, Advocate
For the Opposite Party : Mr. Tapeshwar Sharma, A.P.P.
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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH
SINGH
ORAL ORDER
2 20-06-2024Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Buxar Muffasil P.S. Case No. 101 of 2024 dated 20.03.2024 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 342, 324, 325, 326, 307, 353, 332, 333, 337, 338, 109, 427, 435, 188, 120(B) of the Indian Penal Code and Sections 25(1-
b)a,/26/35/27 of the Arms Act.
3. As per the prosecution case, on 20.03.2024 at about 8.20 A.M., the informant received an information from the officers of under construction 'Chausa Thermal Power Plant' (SJVN) and L & T Company that since last 09th March, farmers, leaders of "Kishan Khetihar Majdoor Morcha" and other Patna High Court CR. MISC. No.41862 of 2024(2) dt.20-06-2024 2/5 rebellions were restraining the workers and employees of the said plant to enter in the plant for doing their duty but on 20.03.2024 they are pelting stones on the main gate of the said plant by which situation of emergency has arose there. On the said information, the informant alongwith police force went there and made information to them about the order dated 16.01.2014, passed by the Hon'ble Patna High Court in C.W.J.C. No. 1696 of 2023 and the order of injunction under Section 144 of the Cr.P.C. and also regarding the model code of conduct issued by the District Administration on account of general election of Lokshabha, 2024 and asked them to follow the same but they did not pay any heed and became more aggressor. Seeing the critical situation, the informant and other police officials returned back to the police station and again a team was constituted with more police force and reached the spot. On seeing the police party, the protesters again became more aggressor. The co-accused Ram Pravesh Yadav and Ashwani Choubey @ Anshu Choubey were leading the crowd/protesters and they instigated the protesters for compelling the police party to go back and attacked the police party with lathi, danda, iron rod, axes, garasa etc., and some of the protesters also fired on the police party and stones and Patna High Court CR. MISC. No.41862 of 2024(2) dt.20-06-2024 3/5 bricks have also been thrown on the police party due to that several police officials sustained injuries and they also damaged the police vehicles and other vehicles of the said plant and set on fire by the protesters. The police party again returned to the police station and the matter was reported to the higher authorities. In the meantime, it came to know that the protesters alongwith adjoining co-villagers are trying to enter in the said plant with intention to kill the injured S.H.O., Chandan Kumar. Again, the police team went on the spot and 55 protesters were identified whose names have been mentioned in the F.I.R. The co-accused Ram Pravesh Yadav opened fire by a country made katta on police and stated that police should talk with Munna Tiwary before reaching on protest spot and the protest will not wind-up until instructions of Munna Tiwari. The entire crowd got violent and they again started pelting stones. The co-accused Ram Pravesh Yadav continuously was going on to open fire on police. Seeing the critical situation, 11 round of tear gas fire and light force were used by police on unlawful assembly to disperse it. Thereafter, the protesters fled away from there and some of the protesters also sustained injuries. 26 protesters mentioned in the F.I.R. have been taken into custody. On search, two live cartridges, seven iron pole, 20 lathies, 01 sound box, Patna High Court CR. MISC. No.41862 of 2024(2) dt.20-06-2024 4/5 two pieces of iron stand of fan, 50-60 stone pieces, 20-22 broken bottles of pepsi, four bamboo pole, five iron rod and two hasua were recovered. It is also alleged that when the police received information that the co-accused Munna Tiwari alongwith other persons collectively are coming towards the said plant, the police team went to the village-Banarpur and when police reached near the house of Munna Tiwari, pelting of stones and bricks on police party was started from the roofs of the adjoining houses by which some of the police personnel sustained injuries. It is further alleged that some of the assailants were taken into custody and others fled away from the place of occurrence.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that there is general and omnibus allegation against the petitioner. No specific overt act has been alleged against the petitioner. F.I.R. has been lodged against 55 named and 350 unknown male and female members. It is further submitted that the petitioner was not present on the spot at the time of occurrence. It is further submitted that from F.I.R., it appears that the members of the mob were assembled for protesting against the said plant for their land acquisition and Patna High Court CR. MISC. No.41862 of 2024(2) dt.20-06-2024 5/5 the petitioner is a landless person, so, there is no question of protest for compensation for land and the dispute is between the said plant and the landlords whose land has been acquired by the said plant. No incriminating article has been recovered from possession of the petitioner. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 21.03.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Buxar in connection with Buxar Muffasil P.S. Case No. 101 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) U.K./-
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