Brijesh Kumar @ Barjesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4366 of 2023 Arising Out of PS. Case No.-457 Year-2022 Thana- BETTIAH CITY District- West Champaran ====================================================== Brijesh Kumar @ Barjesh Kumar, S/O Jawahar Sah, R/V- Amaithia, P.S.- Yogapatti, District- West Champaran ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shiv Kumar Dwivedy, Adv.

For the Opposite Party/s :

Mr.Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 30-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

Petitioner seeks bail in connection with Bettiah Town P.S. Case No. 457 of 2022 registered under Sections 143, 147, 148, 149, 341, 323, 353, 332, 333, 338, 435, 436, 307, 427, 504, 120(B), 395, 412 of the Indian Penal Code and 27 of the Arms Act and 3⁄4 Prevention of Damage to Public Property Act.

There is an allegation that 72 named and 500 to 700 unnamed persons resorted to violent protest upon the house of an Hon'ble Member of Parliament. They have allegedly damaged public

Patna High Court CR. MISC. No.4366 of 2023(2) dt.30-01-2023 2/3 property in the process and also indulged in arson. Learned counsel for the petitioner submits that petitioner has been made an accused by name. It is surprising how 72 persons have been accused as named when the allegation is that the protest was being done by 500 to 700 persons. The petitioner has been implicated in three cases on the same date arising out of similar incident of alleged violent demonstration/protest against some Government related employment scheme. The petitioner is stated to be in custody since 18.06.2022. In fact, he is a student and has become victim of the circumstance. Investigation is complete. Learned APP has opposed the prayer for bail. It is alleged that persons in the mob were also found to be having weapons.

Damage has been caused to public property and general public order. Considering the rival submissions, nature of allegations and the period of custody, also taking into consideration the fact that petitioner is stated to be a student, this Court is inclined to allow the prayer for bail of the petitioner.

Prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran, Bettiah, in connection with Bettiah Town P.S. Case No. 457 of 2022, subject to the following conditions:-

Patna High Court CR. MISC. No.4366 of 2023(2) dt.30-01-2023 3/3 (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) Sumit/shashankU T