Patna High Court - Orders
Rohit Kumar @ Bhola vs The State Of Bihar on 14 December, 2022
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54859 of 2022
Arising Out of PS. Case No.-562 Year-2022 Thana- DANAPUR District- Patna
======================================================
Sujit Raj Son of Sri Amit Pal R/O Village- Sultanpur Ara Machine, P.S.-
Danapur, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 56369 of 2022
Arising Out of PS. Case No.-562 Year-2022 Thana- DANAPUR District- Patna
======================================================
Sri Kant S/O Binesh Kumar Resident of Village- Rambad, P.S.- Maner,
District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 56414 of 2022
Arising Out of PS. Case No.-562 Year-2022 Thana- DANAPUR District- Patna
======================================================
Rohit Kumar Son of Vinod Rai Resident of Village- New Mubarkpur
Chandmari Road, P.S.- Shahpur, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 56469 of 2022
Arising Out of PS. Case No.-562 Year-2022 Thana- DANAPUR District- Patna
======================================================
Akshay Kumar Son of Brij Mohan Yadav R/o New Mubarakpur P.O and P.S-
Shahpur, Dist- Patna , Pin -801503
... ... Petitioner/s
Versus
The State of Bihar
Patna High Court CR. MISC. No.54859 of 2022(2) dt.14-12-2022
2/29
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 57983 of 2022
Arising Out of PS. Case No.-562 Year-2022 Thana- DANAPUR District- Patna
======================================================
1. Ranjan Kumar son of Sudhir Kumar Resident of the Moh.- New
Mubarakpur, P.O.and P.S.- Shahpur and the District- Patna.
2. Vikash Kumar son of Sudhir Kumar Resident of the Moh.- New
Mubarakpur, P.O.and P.S.- Shahpur and the District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 58159 of 2022
Arising Out of PS. Case No.-562 Year-2022 Thana- DANAPUR District- Patna
======================================================
Guddu Kumar S/O Shiv Shankar Rai Resident of village- Sain Barauna, P.S.-
Belsar, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 58231 of 2022
Arising Out of PS. Case No.-562 Year-2022 Thana- DANAPUR District- Patna
======================================================
Sujit Kumar Son of Upendra Kumar Verma Resident of-Danapur.com,
khagaul, P.S.- Shahpur, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 58951 of 2022
Arising Out of PS. Case No.-562 Year-2022 Thana- DANAPUR District- Patna
======================================================
Patna High Court CR. MISC. No.54859 of 2022(2) dt.14-12-2022
3/29
Rohit Kumar @ Bhola Son of Keshav Ray Resident of village- New
Mubarakpur, Chandmari Road, P.S- Shahpur, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 62249 of 2022
Arising Out of PS. Case No.-562 Year-2022 Thana- DANAPUR District- Patna
======================================================
Manish Kumar S/O Krishna Prasad Singh @ Krishna Prasad R/O Village-
Suarmarwa, P.S- Maner, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 64268 of 2022
Arising Out of PS. Case No.-562 Year-2022 Thana- DANAPUR District- Patna
======================================================
1. Dilip Kumar Son of Radha Kant Mishra Resident of Village- Shivpur, P.S.-
Brikramganj, District- Rohtas. At present Tenant in the house of Advocate
Raghunath Prasad, Hathi Khana More, P.S.- Danapur, District- Patna
2. Ravi Kumar Son of Manoj Kumar Bhagat Resident of (92/5), Army Quarter,
Danapur, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 54859 of 2022)
For the Petitioner/s : Mr. Ajay Kuamr Thakur, Advocate
Ms.Vaishnavi Singh, Advocate
Mr. Shivam, Advocate
Mr. Ritwik Thakur, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
(In CRIMINAL MISCELLANEOUS No. 56369 of 2022)
For the Petitioner/s : Mr. Manoranjan Kumar, Advocate
For the Opposite Party/s : Mr. Choubey Jawahar, APP
(In CRIMINAL MISCELLANEOUS No. 56414 of 2022)
For the Petitioner/s : Mr. Randhir Kumar, Advocate
For the Opposite Party/s : Mr. Ram Anurag Singh, APP
Patna High Court CR. MISC. No.54859 of 2022(2) dt.14-12-2022
4/29
(In CRIMINAL MISCELLANEOUS No. 56469 of 2022)
For the Petitioner/s : Mr. Pushpendra Priyedarshi, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar, APP
(In CRIMINAL MISCELLANEOUS No. 57983 of 2022)
For the Petitioner/s : Mr. Shiv Shankar Prasad Yadav, Advocate
For the Opposite Party/s : Mr. Arun Kumar Singh, APP
(In CRIMINAL MISCELLANEOUS No. 58159 of 2022)
For the Petitioner/s : Mr. Ravi Bhardwaj, Advocate
For the Opposite Party/s : Mr. Bharat Bhushan, APP
(In CRIMINAL MISCELLANEOUS No. 58231 of 2022)
For the Petitioner/s : Mr. Atul Kumar Mehta, Advocate
For the Opposite Party/s : Mr. Akshay Lal Pandit, APP
(In CRIMINAL MISCELLANEOUS No. 58951 of 2022)
For the Petitioner/s : Mr. Gyanendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
(In CRIMINAL MISCELLANEOUS No. 62249 of 2022)
For the Petitioner/s : Mr. Madhukar Anand, Advocate
For the Opposite Party/s : Mr. Satya Nand Shukla, APP
(In CRIMINAL MISCELLANEOUS No. 64268 of 2022)
For the Petitioner/s : Mr. Satish Kumar, Advpcate
For the Opposite Party/s : Mr. Arvind Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 14-12-2022Cr. Misc. No. 54859 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 Danapur P.S. Case No. 562 of 2022 registered for the offence under Sections 147, 148, 149, 341, 323, 353, 188, 427, 504, 506, 290 and 120(B) of the Indian Penal Code and under Sections 03 and 04 of the Public Property Damage Protection Act.
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 that he is Patna High Court CR. MISC. No.54859 of 2022(2) dt.14-12-2022 5/29 among the demonstrators, who were demonstrating against delay in publishing the result of Army, Navy and Air Force written examination and was armed with lathi, danda and was disturbing the traffic and also damaging the public property.
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 is the part of mob only. It is pointed out that prior to this occurrence, antecedent of this petitioner is clean but he was named in subsequent cases out of same protest. It is submitted that the name of petitioner surfaced on the basis of confessional statement of co-accused, namely, Ranjan Kumar son of Sudhir Kumar. It is also pointed out that petitioner was implicated in subsequent cases, which took place as of different versions on same date and time, which makes this allegation highly improbable. While concluding the argument, it has been submitted that investigation has been completed, 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.
Considering the facts and circumstances as mentioned above, as allegation is limited to be the part of crowd only Patna High Court CR. MISC. No.54859 of 2022(2) dt.14-12-2022 6/29 without specifying any overt act coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Danapur P.S. Case No. 562 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 Judicial Magistrate 1 st Class, Danapur, 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 Trial Court itself for the cancellation of bail bond of the petitioner.
(ii) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.
(iii) That one of the bailors shall be deponent of the present bail petition."
Cr. Misc. No. 56369 of 2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Patna High Court CR. MISC. No.54859 of 2022(2) dt.14-12-2022 7/29 Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Danapur P.S. Case No. 562 of 2022 registered for the offence under Sections 147, 148, 149, 341, 323, 353, 188, 427, 504, 506, 290 and 120(B) of the Indian Penal Code and under Sections 03 and 04 of the Public Property Damage Protection 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 that he is among the demonstrators, who were demonstrating against delay in publishing the result of Army, Navy and Air Force written examination and was armed with lathi, danda and was disturbing the traffic and also damaging the public property.
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 is the part of mob only. It is pointed out that prior to this occurrence, antecedent of this petitioner is clean but he was named in three subsequent cases out of same protest. It is submitted that the name of petitioner surfaced on the basis of suspicion. It is also pointed out that petitioner was implicated in Patna High Court CR. MISC. No.54859 of 2022(2) dt.14-12-2022 8/29 three subsequent cases, which took place as of different versions on same date and time, which makes this allegation highly improbable. While concluding the argument, it has been submitted that investigation has been completed, 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.
Considering the facts and circumstances as mentioned above, as allegation is limited to be the part of crowd only without specifying any overt act coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Danapur P.S. Case No. 562 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 Judicial Magistrate 1 st Class, Danapur, 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 Trial Court itself for the cancellation of bail bond of the petitioner.
(ii) Accused/Petitioner shall cooperate in Patna High Court CR. MISC. No.54859 of 2022(2) dt.14-12-2022 9/29 the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.
(iii) That one of the bailors shall be deponent of the present bail petition."
Cr. Misc. No. 56414 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.
At the outset, learned counsel for the petitioner submitted that in paragraph no. 1, at page no.-2 of the bail petition, Sections 3 and 4 of the Prevention of Damage to Public Property Act have been wrongly omitted.
Accordingly, learned counsel for the petitioner is permitted to add aforesaid sections during the course of the day itself.
The petitioner seeks bail in connection with Danapur P.S. Case No. 562 of 2022 registered for the offence under Sections 147, 148, 149, 341, 323, 353, 188, 427, 504, 506, 290 and 120(B) of the Indian Penal Code and under Sections 03 and Patna High Court CR. MISC. No.54859 of 2022(2) dt.14-12-2022 10/29 04 of the Public Property Damage Protection Act.
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 that he is among the demonstrators, who were demonstrating against delay in publishing the result of Army, Navy and Air Force written examination and was armed with lathi, danda and was disturbing the traffic and also damaging the public property.
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 is the part of mob only. It is pointed out that prior to this occurrence, antecedent of this petitioner is clean but he was named in subsequent cases out of same protest. It is submitted that the name of petitioner surfaced on the basis of confessional statement of co-accused, namely, Ranjan Kumar son of Sudhir Kumar. It is also pointed out that petitioner was implicated in subsequent cases, which took place as of different versions on same date and time, which makes this allegation highly improbable. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of Patna High Court CR. MISC. No.54859 of 2022(2) dt.14-12-2022 11/29 tampering with the evidence.
Learned APP opposes the prayer of bail.
Considering the facts and circumstances as mentioned above, as allegation is limited to be the part of crowd only without specifying any overt act coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Danapur P.S. Case No. 562 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 Judicial Magistrate 1st, Danapur, 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 Trial Court itself for the cancellation of bail bond of the petitioner.
(ii) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the 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.54859 of 2022(2) dt.14-12-2022 12/29 deponent of the present bail petition."
Cr. Misc. No. 56469 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 Danapur P.S. Case No. 562 of 2022 registered for the offence under Sections 147, 148, 149, 341, 323, 353, 188, 427, 504, 506, 290 and 120(B) of the Indian Penal Code and under Sections 03 and 04 of the Public Property Damage Protection Act.
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 that he is among the demonstrators, who were demonstrating against delay in publishing the result of Army, Navy and Air Force written examination and was armed with lathi, danda and was disturbing the traffic and also damaging the public property.
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 is the part of mob only. It is pointed out that prior to this occurrence, antecedent of this petitioner is clean but he was Patna High Court CR. MISC. No.54859 of 2022(2) dt.14-12-2022 13/29 named in subsequent cases out of same protest. It is submitted that the name of petitioner surfaced on the basis of confessional statement of co-accused, namely, Ranjan Kumar son of Sudhir Kumar. It is also pointed out that petitioner was implicated in subsequent cases, which took place as of different versions on same date and time, which makes this allegation highly improbable. While concluding the argument, it has been submitted that investigation has been completed, 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.
Considering the facts and circumstances as mentioned above, as allegation is limited to be the part of crowd only without specifying any overt act coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Danapur P.S. Case No. 562 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 Judicial Magistrate 1 st Class, Danapur, Patna/concerned court, subject to the following conditions:
"(i) That the accused/petitioner shall not involve in the similar nature of offence till the Patna High Court CR. MISC. No.54859 of 2022(2) dt.14-12-2022 14/29 conclusion of trial, failing which the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.
(ii) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.
(iii) That one of the bailors shall be deponent of the present bail petition."
Cr. Misc. No. 57983 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.
At the outset, learned counsel for the petitioners submitted that in paragraph no. 1, at page no.-2 of the bail petition, Section 504 of the Indian Penal Code has been wrongly omitted.
Accordingly, learned counsel for the petitioners is permitted to add aforesaid section during the course of the day itself.
The petitioners seek bail in connection with Danapur Patna High Court CR. MISC. No.54859 of 2022(2) dt.14-12-2022 15/29 P.S. Case No. 562 of 2022 registered for the offence under Sections 147, 148, 149, 341, 323, 353, 188, 427, 504, 506, 290 and 120(B) of the Indian Penal Code and under Sections 03 and 04 of the Public Property Damage Protection Act.
The accused/petitioners are not named in the F.I.R. and is in custody since 19.06.2022.
The allegation against the petitioners is that they were among the demonstrators, who were demonstrating against delay in publishing the result of Army, Navy and Air Force written examination and were armed with lathi, danda and were disturbing the traffic and also damaging the public property.
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 are the part of mob only. It is pointed out that prior to this occurrence, antecedent of these petitioners is clean but they were named in subsequent cases out of same protest. It is submitted that the name of petitioners surfaced on the basis of confessional statement of other co-accused persons. It is also pointed out that petitioners were implicated in subsequent cases, which took place as of different versions on same date and time, which makes this allegation highly improbable. While Patna High Court CR. MISC. No.54859 of 2022(2) dt.14-12-2022 16/29 concluding the argument, it has been submitted that investigation has been completed, 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.
Considering the facts and circumstances as mentioned above, as allegation is limited to be the part of crowd only without specifying any overt act coupled with the fact that charge-sheet has been submitted, let both above named petitioners are directed to be released on bail in connection with Danapur P.S. Case No. 562 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 Judicial Magistrate 1 st Class, Danapur, Patna/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 Trial Court itself for the cancellation of bail bond of the petitioners.
(ii) Accused/Petitioners shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance Patna High Court CR. MISC. No.54859 of 2022(2) dt.14-12-2022 17/29 be allowed by the Trial Court, only on medical ground of the petitioners duly supported by the documents.
(iii) That one of the bailors shall be deponent of the present bail petition."
Cr. Misc. No. 58159 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.
At the outset, learned counsel for the petitioner submitted that in paragraph no. 1, at page no.-2 of the bail petition, Section 504 of the Indian Penal Code has been wrongly omitted.
Accordingly, learned counsel for the petitioner is permitted to add aforesaid section during the course of the day itself.
The petitioner seeks bail in connection with Danapur P.S. Case No. 562 of 2022 registered for the offence under Sections 147, 148, 149, 341, 323, 353, 188, 427, 504, 506, 290 and 120(B) of the Indian Penal Code and under Sections 03 and 04 of the Public Property Damage Protection Act.
The accused/petitioner is not named in the F.I.R. and Patna High Court CR. MISC. No.54859 of 2022(2) dt.14-12-2022 18/29 is in custody since 25.06.2022.
The allegation against the petitioner is that he is among the demonstrators, who were demonstrating against delay in publishing the result of Army, Navy and Air Force written examination and was armed with lathi, danda and was disturbing the traffic and also damaging the public property.
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 is the part of mob only. It is pointed out that prior to this occurrence, antecedent of this petitioner is clean but he was named in subsequent cases out of same protest. It is submitted that the name of petitioner surfaced on the basis of confessional statement of co-accused, namely, Ranjan Kumar son of Sudhir Kumar. It is also pointed out that petitioner was implicated in subsequent cases, which took place as of different versions on same date and time, which makes this allegation highly improbable. While concluding the argument, it has been submitted that investigation has been completed, 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.
Patna High Court CR. MISC. No.54859 of 2022(2) dt.14-12-2022 19/29 Considering the facts and circumstances as mentioned above, as allegation is limited to be the part of crowd only without specifying any overt act coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Danapur P.S. Case No. 562 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 Judicial Magistrate 1 st Class, Danapur, 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 Trial Court itself for the cancellation of bail bond of the petitioner.
(ii) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.
(iii) That one of the bailors shall be deponent of the present bail petition."
Cr. Misc. No. 58231 of 2022 Patna High Court CR. MISC. No.54859 of 2022(2) dt.14-12-2022 20/29 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 Danapur P.S. Case No. 562 of 2022 registered for the offence under Sections 147, 148, 149, 341, 323, 353, 188, 427, 504, 506, 290 and 120(B) of the Indian Penal Code and under Sections 3 and 4 of the Public Property Damage Protection Act.
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 that he is among the demonstrators, who were demonstrating against delay in publishing the result of Army, Navy and Air Force written examination and was armed with lathi, danda and was disturbing the traffic and also damaging the public property.
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 is the part of mob only. It is pointed out that prior to this occurrence, antecedent of this petitioner is clean but he was named in two subsequent cases out of same protest. It is Patna High Court CR. MISC. No.54859 of 2022(2) dt.14-12-2022 21/29 submitted that the name of petitioner surfaced on the basis of confessional statement of co-accused, namely, Ranjan Kumar son of Sudhir Kumar. It is also pointed out that petitioner was implicated in subsequent cases, which took place as of different versions on same date and time, which makes this allegation highly improbable. While concluding the argument, it has been submitted that investigation has been completed, 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.
Considering the facts and circumstances as mentioned above, as allegation is limited to be the part of crowd only without specifying any overt act coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Danapur P.S. Case No. 562 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 Judicial Magistrate 1st, Danapur, 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 Patna High Court CR. MISC. No.54859 of 2022(2) dt.14-12-2022 22/29 liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.
(ii) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.
(iii) That one of the bailors shall be deponent of the present bail petition."
Cr. Misc. No. 58951 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 Danapur P.S. Case No. 562 of 2022 registered for the offence under Sections 147, 148, 149, 341, 323, 353, 188, 427, 504, 506, 290 and 120(B) of the Indian Penal Code and under Sections 3 and 4 of the Public Property Damage Protection Act.
The accused/petitioner is not named in the F.I.R. and is in custody since 02.07.2022.
The allegation against the petitioner is that he is among the demonstrators, who were demonstrating against Patna High Court CR. MISC. No.54859 of 2022(2) dt.14-12-2022 23/29 delay in publishing the result of Army, Navy and Air Force written examination and was armed with lathi, danda and was disturbing the traffic and also damaging the public property.
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 is the part of mob only. It is pointed out that prior to this occurrence, antecedent of this petitioner is clean but he was named in subsequent cases out of same protest. It is submitted that the name of petitioner surfaced on the basis of confessional statement of co-accused, namely, Ranjan Kumar son of Ram Lakhan Ray. It is also pointed out that petitioner was implicated in subsequent cases, which took place as of different versions on same date and time, which makes this allegation highly improbable. While concluding the argument, it has been submitted that investigation has been completed, 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.
Considering the facts and circumstances as mentioned above, as allegation is limited to be the part of crowd only without specifying any overt act coupled with the fact that Patna High Court CR. MISC. No.54859 of 2022(2) dt.14-12-2022 24/29 charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Danapur P.S. Case No. 562 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 Judicial Magistrate, Danapur, 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 Trial Court itself for the cancellation of bail bond of the petitioner.
(ii) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.
(iii) That one of the bailors shall be deponent of the present bail petition."
Cr. Misc. No. 62249 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.54859 of 2022(2) dt.14-12-2022 25/29 of four weeks from today.
The petitioner seeks bail in connection with Danapur P.S. Case No. 562 of 2022 registered for the offence under Sections 147, 148, 149, 341, 323, 353, 188, 427, 504, 506, 290 and 120(B) of the Indian Penal Code and under Sections 3 and 4 of the Public Property Damage Protection 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 that he is among the demonstrators, who were demonstrating against delay in publishing the result of Army, Navy and Air Force written examination and was armed with lathi, danda and was disturbing the traffic and also damaging the public property.
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 is the part of mob only. It is submitted that the name of petitioner surfaced on the basis of whatsapp group chat. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with Patna High Court CR. MISC. No.54859 of 2022(2) dt.14-12-2022 26/29 the evidence.
Learned APP opposes the prayer of bail.
Considering the facts and circumstances as mentioned above, as allegation is limited to be the part of crowd only without specifying any overt act coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Danapur P.S. Case No. 562 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 Judicial Magistrate 1st, Danapur, 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 Trial Court itself for the cancellation of bail bond of the petitioner.
(ii) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the 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.54859 of 2022(2) dt.14-12-2022 27/29 deponent of the present bail petition."
Cr. Misc. No. 64268 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 Danapur P.S. Case No. 562 of 2022 registered for the offence under Sections 147, 148, 149, 341, 323, 353, 188, 427, 504, 506, 290 and 120(B) of the Indian Penal Code and under Sections 3 and 4 of the Public Property Damage Protection Act.
The accused/petitioners are not named in the F.I.R. and is in custody since 18.06.2022.
The allegation against the petitioners is that they were among the demonstrators, who were demonstrating against delay in publishing the result of Army, Navy and Air Force written examination and were armed with lathi, danda and were disturbing the traffic and also damaging the public property.
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 are the part of mob only. It is pointed out that prior to this occurrence, antecedent of these petitioners is clean Patna High Court CR. MISC. No.54859 of 2022(2) dt.14-12-2022 28/29 but they were named in three subsequent cases out of same protest. It is also pointed out that petitioners were implicated in three subsequent cases, which took place as of different versions on same date and time, which makes this allegation highly improbable. While concluding the argument, it has been submitted that investigation has been completed, 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.
Considering the facts and circumstances as mentioned above, as allegation is limited to be the part of crowd only without specifying any overt act coupled with the fact that charge-sheet has been submitted, let both above named petitioners are directed to be released on bail in connection with Danapur P.S. Case No. 562 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 Judicial Magistrate 1st, Danapur, Patna/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 Trial Court itself for the Patna High Court CR. MISC. No.54859 of 2022(2) dt.14-12-2022 29/29 cancellation of bail bond of the petitioners.
(ii) Accused/Petitioners shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioners duly supported by the documents.
(iii) That one of the bailors shall be deponent of the present bail petition."
(Chandra Shekhar Jha, J) pooja/-
U T