Madhurendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18810 of 2022 Arising Out of PS. Case No.-7 Year-2022 Thana- DARBHANGA RAIL P.S. DistrictSamastipur ====================================================== 1.
MADHURENDRA KUMAR SON OF RAM DULAR SINGH R/O VILLAGE- MANIKPUR MUSHARNIYA, P.S.- PARIHAR, DISTRICTSITAMARHI, BIHAR, 843324 2.
SANJAY KUMAR SINGH SON OF GANESH SINGH R/O VILLAGEMANIKPUR MUSHARNIYA, P.S.- PARIHAR, DISTRICT- SITAMARHI, BIHAR, 843324 ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Shanu, Adv.
For the Opposite Party/s :
Mr. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-06-2022 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners seek bail in a case registered for the offence under Sections 147, 148, 149, 341, 323, 337, 338, 307, 427, 333 and 353 of the Indian Penal Code and Section 27 of the Arms Act and under Section 174 (A) of Railway Act. As per prosecution case, in brief, is that on 25.01.2022 at 11:45 A.M. the alleged crowd including the petitioners armed with weapons came at the Sitamarhi Railway Station in huge numbers and blocked the freight train (Malgadi) standing near Gumti No. 56. According to police officers and other Government officials, when they tried to convince the crowd to leave the
Patna High Court CR. MISC. No.18810 of 2022(2) dt.16-06-2022 2/3 railway track the crowd became violent and started throwing stones on them in which the Police Officers A.S.I. Ramanand Singh, Pramod Upadhyay, Ashok Kumar Singh gotr injured and engine of the train got damaged. It is further been alleged that the police while chasing the protesters had to fire 2-3 rounds to control the crowd and arrested 13 protesters including the petitioners.
Learned counsel for the petitioners submit that the petitioners have clean antecedents and they have been falsely implicated in the present case. In fact, though the petitioners are named in the F.I.R. but there is no specific allegation of overt act against the petitioners and there is general and omnibus allegation against the petitioners. He further submits that similarly situated five accused persons have already been granted bail by this Court vide order dated 28.04.2022 passed in Cr. Misc. No. 13149 of 2022. He further submits that the petitioners are in custody since 26.01.2022.
Learned A.P.P. for the State has opposed the prayer for bail of the petitioners.
Considering the facts and circumstances of the case, let the, above named, petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Rail Darbhanga
Patna High Court CR. MISC. No.18810 of 2022(2) dt.16-06-2022 3/3 (Sitamarhi) P.S. Case No. 07 of 2022 with the following conditions:-
(1) Petitioners 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 their absence on two consecutive dates without sufficient reason, their bail bond shall be canceled by the Court below.
(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. (Rajesh Kumar Verma, J) brajesh/- U T