Badal Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.38048 of 2017 (2) dt.10-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38048 of 2017 Arising Out of PS.Case No. -134 Year- 2017 Thana -PATNA GRP CASE District- PATNA ====================================================== Badal Kumar, aged about 19 years son of Ram Babu Ram, R/o VillageGopalpur, Bhatha Chauk, P.S.-Kalyanpur, District-Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailendra Kumar Singh For the Opposite Party/s : Mr. Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 10-08-2017 Heard the learned counsel for the petitioner and APP for the State.

The petitioner seeks bail in connection with G.R.P. Patna Junction P.S. Case no. 134 of 2017 registered under Sections 186, 201, 353, 506, 120-B of the Indian Penal Code, 66(a)(b)(c) of the I.T. Act-2000, under Section 150(E) of the Railway Act and under Section 3(2e) of Public Property Prevention to Damage Act-1984.

The petitioner along with three other accused persons are said to have sent hoax message for blowing the Patna Railway Station, thereby creating stampede on the station. The said message is said to have been given through the mobile by the accused Sushil Kumar.

It is submitted by the learned counsel for the petitioner that

Patna High Court Cr.Misc. No.38048 of 2017 (2) dt.10-08-2017 no incriminating article has been recovered from the conscious possession of the petitioner. He has no concern with the aforesaid occurrence. The mobile used in sending the message is not hailing to the petitioner rather the accused Sushil Kumar and the said Sushil Kumar has been enlarged on bail vide order dated 20.07.2017 passed in Cr. Misc. no. 34004 of 2017. The petitioner is languishing in custody since 16.03.2017.

Considering the facts and circumstances of the case, let above named petitioner, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Railway, Patna in connection with G.R.P. Patna Junction P.S. Case no. 134 of 2017.

(Prakash Chandra Jaiswal, J) rohit/- U T