Jai Prakash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48627 of 2014 Arising Out of PS.Case No. -129 Year- 2014 Thana -HARNAUT District- NALANDA (BIHARSHARIFF) ====================================================== Jai Prakash Kumar son of Ram Kishun Beldar Resident of Chhotki Aamar, O.P. - Telmar, Police Station Harnaut, District - Nalanda .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.49123 of 2014 Arising Out of PS.Case No. -129 Year- 2014 Thana -HARNAUT District- NALANDA (BIHARSHARIFF) ======================================================
1. RAFU YADAV @ RIFA YADAV S/o Surendra Yadav R/o village - Chhotaki Amar, P.S. Harnaut, Distt- Nalanda.
2. Rajesh Kumar @Maina, S/o Rajendra Ram R/o village - Bali Jagatpur, P.S. -Chandi, District - Nalanda.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
(In Cr.Misc. No.48627 of 2014) For the Petitioner : M/s Kumar Binode Bariar and Shovendra Kumar, Advocates For the Opposite Party : Mr. Nawal Kishore Pd., APP (In Cr.Misc. No.49123 of 2014) For the Petitioners : Mr. Ajay Mukherjee, Advocate For the Opposite Party : Mr. Navin Kr.Pandey, APP, ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 03-03-2015 Learned counsel for the petitioner in Criminal Miscellaneous No. 48627 of 2014 is permitted to make necessary correction in prayer portion of this application in course of the day.
Patna High Court Cr.Misc. No.48627 of 2014 (2) dt.03-03-2015 Since both these applications arise out of Harnaut (Telmar) Police Station Case No. 129 of 2014, they are being considered and disposed of by this order.
Heard learned counsel for the petitioners and the State. Petitioners seek bail in a case registered for offences punishable under Sections 147, 148, 149, 341, 323, 332, 333, 427, 435, 453, 307, 188 and 504 of the Indian Penal Code. It appears that a truck and a bus collided each other in which a child was killed and many persons sustained injuries. Several persons of the locality assembled there and started pelting stones on the police party. It is alleged that the petitioners were instigating the mob.
It is submitted on behalf of the petitioners that no overt act has been alleged against the petitioners and the only allegation against them is that they were provocatiing the mob. It is submitted that co-accused Kailash Yadav, Raj Ballabh Yadav and Rajiv Ranjan Kumar @Raju Singh @ Rajeev Ranjan Kumar have already been granted bail either by this Court or by the concerned Sessions Judge. Copies of some of such orders have been produced at the time of hearing of these applications. Let the same be kept in the record.
Having regard to the facts and circumstances of the case,
Patna High Court Cr.Misc. No.48627 of 2014 (2) dt.03-03-2015 the petitioners, namely, Jai Prakash Kumar, in Criminal Miscellaneous No. 48627 of 2014 and Rafu Yadav @ Rifa Yadav and Rajesh Kumar @ Maina in Criminal Miscellaneous No. 49123 of 2014, are directed to be released on bail on their furnishing bail bonds of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Biharsharif, Nalanda, in Harnaut (Telmar) Police Station Case No. 129 of 2014.
(Dr. Ravi Ranjan, J) SC/- U T