Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53698 of 2022 Arising Out of PS. Case No.-68 Year-2022 Thana- KIUL RAIL P.S. District- Lakhisarai ====================================================== RAJA KUMAR Son of Kishori Ram Resident of Village - Santer, P.s.- Lakhisarai, Distt.- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-12-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Rail Kiul Police Station Case No. 68 of 2022, registered for the offences punishable under Sections 147/148/149/353/436/457/ 380/411/302/427 of the Indian Penal Code and Sections 150/151/152/145/146/147/174(A) of the Railway Act. The prosecution case, as per the First Information Report, is that the petitioner, along with thousand of other students, joined a protest, opposing the Agniveer Recruitment Scheme floated by the Government of India for appointment in Indian Army, at Lakhisarai Railway Station and the mob was indulged in vandalism and burnt 21 coaches of a train.

Patna High Court CR. MISC. No.53698 of 2022(2) dt.23-12-2022 2/3 Learned Counsel for the petitioner submits that a large number of accused persons, thousand in numbers, allegedly burnt the coaches of a train at Lakhisarai Railway Station and there is no specific allegation against the petitioner and during the course of investigation, no evidence has been collected that the petitioner was instrumental in the burning of the coaches of the train and creating trouble at the railway station. He further submits that the petitioner is a student and similarly situated coaccused persons have been granted bail by different benches of this Court, vide orders, passed in Criminal Misc. Nos. 50469,50985, 53933, 53873, 53150 and 53678 of 2022. He further submits that the petitioner is in custody since 18.06.2022, having no criminal antecedent.

Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that the petitioner is a student, similarly situated co-accused persons have been granted bail by this Court and the petitioner is in custody since 18.06.2022, having no criminal antecedent, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail

Patna High Court CR. MISC. No.53698 of 2022(2) dt.23-12-2022 3/3 on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Kiul, Lakhisarai, in connection with Rail Kiul Police Station Case No. 68 of 2022. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √