Patna High CourtCR. MISC./23324/2022bail granted

Suraj Kumar v. The State Of Bihar

2022-08-03Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23324 of 2022 Arising Out of PS. Case No.-7 Year-2022 Thana- Darbhanga Rail P.S. District- Samastipur ====================================================== Suraj Kumar Son of Nagendra Roy, Resident of Village - Jawahi, Police Station- Sursand, District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-08-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Rail Darbhanga (Sitamadhi) P.S. Case No. 07 of 2022 lodged under Sections 147, 148, 149, 341, 323, 337, 338, 307, 427, 333, 353 of the Indian Penal Code read with Section 27 Arms Act and Section 174(A) of Railways Act.

There are in total 13 named persons and 200 to 225 unknown persons were made accused.

Learned counsel for the petitioner submits that all the alleged action has been done by the crowd at large, due to alleged irregularity in the result of NTPC. Learned counsel for

Patna High Court CR. MISC. No.23324 of 2022(2) dt.03-08-2022 2/3 the petitioner further submits that petitioner is named accused in this case and other 08 named accused persons granted bail by the Co-ordinate Bench of this Court vide order dated 28.04.2022, 16.06.2022 and 18.7.2022 in Cr. Misc. No. 13149 of 2022, Cr. Misc. No. 18810 of 2022 and Cr. Misc. No. 19645 of 2022 respectively. Learned counsel for the petitioner further submits that petitioner is in custody since 26.01.2022 having clean antecedent and charge sheet has already been filed. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of the case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Railway Magistrate, Samastipur in connection with Rail Darbhanga (Sitamadhi) P.S. Case No. 07 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall resulted into cancellation of his

Patna High Court CR. MISC. No.23324 of 2022(2) dt.03-08-2022 3/3 bail bond.

B. One of the bailor shall be close relative who shall file affidavit before the court about his relation with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T