Ramprawesh Kumar @ Rahul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42029 of 2023 Arising Out of PS. Case No.-3 Year-2022 Thana- KIUL District- Lakhisarai ====================================================== RAMPRAWESH KUMAR @ RAHUL S/O MAHESH KUMAR @ MAHESH YADAV R/O VILLAGE- LAKHOCHAK (PAIN PAR), WARD NO. 03, PS. KIUL, DIST. LAKHISARAI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Irshad, Advocate For the Opposite Party/s :

Mr.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-08-2023 Heard the learned Counsel for the petitioner and Mr. Madhuri Lata who represent the State.

The petitioner apprehends his arrest in connection with RPF Post Kiul P.S. Case No. 03 of 2022 for the offence punishable under Sections 3RP (UP) Act and 147, 145, 146, 153, 174 (a) of Railway Act, lodged on 19.05.2022 by the informant Arvind Kumar Singh.

As per the prosecution story, the petitioner has been charged with other protesters of having blocked the railway platform no. 2 at Lakhisarai and throwing stones on engine and A.C Coach of the train which not only affected the movement of the train but also those passengers on it. Accordingly the FIR. It is the case of the learned counsel for the petitioner

Patna High Court CR. MISC. No.42029 of 2023(2) dt.02-08-2023 2/3 that hundreds of people have been rounded of, he amongst them is a young boy, pursuing study and nothing to do with the said arson.

Learned APP opposes the prayer Considering the fact that the he is a young boy having no criminal antecedent, the allegation is against numbers of people, FIR lodged and ultimately will have to face the trial, this Court is inclined to extend him the privilege of anticipatory bail with conditions.

Let the petitioner, in the event of his arrest or surrender within a period of four weeks from the date of the receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional District and Session Judge- 1st cum- Special Judge, SC/ST, Lakhisarai, in connection with RPF Post Kiul Case No. 03 of 2022, subject to condition as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive

Patna High Court CR. MISC. No.42029 of 2023(2) dt.02-08-2023 3/3 dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. With the aforesaid observations, the anticipatory bail application is allowed.

(Rajiv Roy, J) Jagdish/Jyoti/- U T