Navlesh Kumar @ Naulez Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21064 of 2023 Arising Out of PS. Case No.-68 Year-2022 Thana- KIUL RAIL P.S. District- Lakhisarai ====================================================== Navlesh Kumar @ Naulez Kumar (Male) aged about 25 years, Son of Narsingh Ram Resident of village-Vidyapith Chauk, P.S.-Lakhisarai, DistrictLakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar, Advocate For the State :
Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Rail Kiul P.S. Case No. 68 of 2022 dated 17.06.2022 registered for the offence punishable under Sections 147, 148, 149, 353, 436, 457, 380, 411, 302 and 427 of the Indian Penal Code and Sections 150, 151, 152, 145, 146, 147 and 174(A) of the Railways Act. As per the prosecution case, while opposing the Agniveer project of the Government of India, the students took out procession and about 500 accused persons reached Lakhisarai Station, resorted to violence and many coaches of the train have been ransacked, damaged and burnt. The specific allegation against the petitioner is that he is one of the members
Patna High Court CR. MISC. No.21064 of 2023(2) dt.19-05-2023 2/3 of the mob.
Learned counsel for the petitioner submits that the petitioner is quite innocent and has committed no offence. Nothing incriminating articles have been recovered from the possession of the petitioner and his name has been dragged in this case only on the basis of suspicion. The petitioner is an Auto Driver, who was waiting for the passenger outside the Railway Station but the police has wrongly implicated him in this case and three cases have been registered against him in which he is on bail. Learned counsel further submits that similarly situated co-accused persons, namely, Suraj Kumar, Amit Kumar, Ajeet Kumar and Anjan Kumar @ Doman have been granted bail by the co-ordinate Benches of this Court vide order dated 09.12.2022 in Cr. Misc. No. 50200 of 2022 and vide common order dated 16.01.2023 in Cr. Misc. No. 51947 of 2022, Cr. Misc. No. 52002 of 2022 and Cr. Misc. No. 52705 of 2022, respectively.
Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.
Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing
Patna High Court CR. MISC. No.21064 of 2023(2) dt.19-05-2023 3/3 bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Lakhisarai in connection with Rail Kiul P.S. Case No. 68 of 2022.
(Sunil Dutta Mishra, J) P. Kumar U T