Navin Kumar @ Sabnam Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13827 of 2025 Arising Out of PS. Case No.-142 Year-2022 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== Navin Kumar @ Sabnam Singh Son of Vaijanath Singh @ Baiju Singh Village -Harail PS- Mohiuddin Nagar, Dist- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amit Kumar, Advocate For the Opposite Party/s :
Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-02-2025 Heard Mr. Amit Kumar, learned counsel for the petitioners and Mr. Yogendra Kumar Singh, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Mohiuddin Nagar P.S. Case No. 142 of 2022, F.I.R. dated 17.06.2022 for the offences punishable under Sections 147/149/341/342/323/324/307/353/332/333/337/338/ 427/436/188/379/380/506 and 34 of Indian Penal Code.
3. According to prosecution case, the petitioner along with other 200 persons protested the Agniveer Scheme by creating ruckus on Mohiuddin Railway Station. It is also alleged that the accused persons set fire in lohit express train and also looted good and articles of the passengers.
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4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. There is no specific allegation against the petitioner rather there is general and omnibus allegation against 200 persons including this petitioner. He further submits that similarly situated co-accused persons namely Chikku @ Chikku Kumar @ Sushil Yadav has been granted anticipatory bail by this Court vide order dated 18.01.2024 in Cr. Misc No. 84440 of 2023 and another co-accused persons namely Anant Kumar @ Ankit Kumar and Pintu Kumar Ray have been granted anticipatory bail by co-ordinate benches of this Court vide order dated 20.03.2023 in Cr. Misc No. 66374 of 2022 and 06.09.2023 in Cr. Misc No. 45854 of 2023, respectively.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner has got five criminal antecedents but fairly submits on the basis of paragraph no.3 of the bail petition that out of five cases he is on bail in four cases.
6.Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days
3/4 from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur in connection with Mohiuddin Nagar P.S. Case No. 142 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bond in terms of the above-mentioned order
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(Rajesh Kumar Verma, J) Suruchi/- U T