Patna High CourtCR. MISC./52320/2023bail granted

Vicky Kumar v. The State Of Bihar

2023-08-19Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52320 of 2023 Arising Out of PS. Case No.-245 Year-2022 Thana- HAJIPUR RPF/POST District- Saran ====================================================== VICKY KUMAR S/o- RAMYAD SAH Village- Maksudanpur Bhadiya P.S.- Mohaddinagar District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar, Advocate.

For the Opposite Party/s :

Mr.Md. Aslam Ansari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 19-08-2023 Heard Mr. Sanjay Kumar, learned counsel appearing on behalf of the petitioner and Mr. Md. Aslam Ansari, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Hajipur R.P.F. P.S. Case No. 245 of 2022 registered for the offence punishable under Sections 145, 146, 147, 153 and 174A of the Indian Railway Act, 1989.

3. As per the allegation made in the F.I.R., 250-300 unknown miscreants including the petitioner are said to have assaulted the railway employees and ransacked the railway ticket counter and also looted cash. They are also said to have set the train on fire.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and he has committed no offence as alleged. General and omnibus

Patna High Court CR. MISC. No.52320 of 2023(2) dt.19-08-2023 2/2 allegation has been made against the petitioner. For the same incidence, three F.I.Rs. have been lodged against the petitioner and petitioner is on bail in two cases. Petitioner only happens to be member of the mob.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Having considered the rival submissions made on behalf of the parties and the fact that the petitioner only happens to be member of the mob, petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Sonpur, Saran at Chapra in connection with Hajipur R.P.F. P.S. Case No. 245 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) mantreshwar/- U T