Patna High CourtCR. MISC./53873/2022bail granted

Dheeraj Kumar Tanti v. The State Of Bihar

2022-12-22Mr. Justice Chandra Shekhar Jha24 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53150 of 2022 Arising Out of PS. Case No.-68 Year-2022 Thana- KIUL RAIL P.S. District- Lakhisarai ====================================================== MONU KUMAR S/o SUCHIT KUMAR Resident of Naya Bazar, Ward No. 23, P.S.- Kavaiya, Distt-Lakhisarai.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 53678 of 2022 Arising Out of PS. Case No.-68 Year-2022 Thana- KIUL RAIL P.S. District- Lakhisarai ====================================================== JITENDRA KUMAR Son of Late Anup Yadav R/V- Lakhochak, P.S- Kiul, Dist- Lakhisarai ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 53873 of 2022 Arising Out of PS. Case No.-68 Year-2022 Thana- KIUL RAIL P.S. District- Lakhisarai ====================================================== DHEERAJ KUMAR TANTI Son of Ramchandra Tanti Resident of Village - Chitranjan Road, Purani Bazar Ward no.12, P.s.- Lakhisarai, Distt.- Lakhisarai.

... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 53933 of 2022 Arising Out of PS. Case No.-68 Year-2022 Thana- KIUL RAIL P.S. District- Lakhisarai ====================================================== KANHAIYA KUMAR Son of Guna Deo Vishwakarma Resident of Village - Itahri, Ward no.14, P.S.- Kiul, Distt.- Lakhisarai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar

2/24 ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 56816 of 2022 Arising Out of PS. Case No.-68 Year-2022 Thana- KIUL RAIL P.S. District- Lakhisarai ====================================================== Ravi Kumar Son of Awadhesh Singh Resident of Village- Sringarpur, P.S.- Suryagarha, District- Lakhisarai ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 57128 of 2022 Arising Out of PS. Case No.-68 Year-2022 Thana- KIUL RAIL P.S. District- Lakhisarai ====================================================== PRATYUSH RANJAN SON OF GOPAL RAJAK R/O VILLAGE- NAYA BAZAR, PACHNA ROAD, WARD NO. 23, P.S. AND DISTT.- LAKHISARAI ... ... Petitioner/s

Versus

The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 59467 of 2022 Arising Out of PS. Case No.-68 Year-2022 Thana- KIUL RAIL P.S. District- Lakhisarai ====================================================== BHOLA KUMAR SON OF PRADEEP THATHERA @ PRADEEP SAW Resident of Village- Punjabi Mohalla, Ward No.-15, P.S.- Kabaiya, DistrictLakhisarai ... ... Petitioner/s

Versus

The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 61421 of 2022 Arising Out of PS. Case No.-68 Year-2022 Thana- KIUL RAIL P.S. District- Lakhisarai ====================================================== SANDEEP KUMAR Son of Ajay Saw @ Jai Saw R/O Village- Girihinda Chowk, P.S- Sheikhpura, Sheikhpura

3/24 ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 64717 of 2022 Arising Out of PS. Case No.-68 Year-2022 Thana- KIUL RAIL P.S. District- Lakhisarai ====================================================== GAURAV KUMAR @ CHHOTU S/O Naresh Saw R/O Village- Punjabi Mohalla, Ward No- 16, P.S- Kabaiya, District- Lakhisarai ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 66739 of 2022 Arising Out of PS. Case No.-68 Year-2022 Thana- KIUL RAIL P.S. District- Lakhisarai ====================================================== ANUJ KUMAR Son of Manoj Kumar Gupta Resident of- Santar Colony, Ward No-13, Near Lakhisarai Railways Station, P.S. and District- Lakhisarai ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 53150 of 2022) For the Petitioner/s :

Mr.Rajesh Kumar Mishra For the Opposite Party/s :

Mr.Binod Kumar (In CRIMINAL MISCELLANEOUS No. 53678 of 2022) For the Petitioner/s :

Mr.Mayank Bilochan For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh (In CRIMINAL MISCELLANEOUS No. 53873 of 2022) For the Petitioner/s :

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

Mr.Syed Ehteshamuddin (In CRIMINAL MISCELLANEOUS No. 53933 of 2022) For the Petitioner/s :

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

Mr.Mohammad Sufyan (In CRIMINAL MISCELLANEOUS No. 56816 of 2022) For the Petitioner/s :

Mr.Rajnish Chandra For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary (In CRIMINAL MISCELLANEOUS No. 57128 of 2022) For the Petitioner/s :

Mr.Rabi Bhushan For the Opposite Party/s :

Mr.Uday Pratap Singh (In CRIMINAL MISCELLANEOUS No. 59467 of 2022)

4/24 For the Petitioner/s :

Mr.Rabi Bhushan For the Opposite Party/s :

Mr.Mohammad Sufyan (In CRIMINAL MISCELLANEOUS No. 61421 of 2022) For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Anil Prasad Singh (In CRIMINAL MISCELLANEOUS No. 64717 of 2022) For the Petitioner/s :

Mr.Rabi Bhushan For the Opposite Party/s :

Mr.Raj Ballabh Singh (In CRIMINAL MISCELLANEOUS No. 66739 of 2022) For the Petitioner/s :

Mr.Rajiv Kumar For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-12-2022 Cr. Misc. No. 53150 of 2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Rail Kiul P.S. Case No. 68 of 2022 registered for the offence under Sections 147, 148, 149, 353, 436, 457, 380, 411, 302 and 427 of the Indian Penal Code and under Section 150, 151, 152, 145, 146, 147 and 174(A) of the Railway Act.

The accused/petitioner is named in the F.I.R. and is in custody since 17.06.2022.

5/24 recently by Government of India and while demonstrating over the subject resorted to violence, ransack, the coaches and also put several trains on fire, which lead to burning of several coaches of 12368 DN Intercity Express, which was on platform no. 2 at the time of occurrence, alongwith one train coming from Delhi.

Learned counsel appearing on behalf of the petitioner submitted that allegation is appearing very much general and omnibus and as petitioner found roaming seen to CCTV footage on platform, he has been implicated in present case without having any basis. It is pointed out that nothing incriminating surfaced during the course of investigation, which may connect this petitioner with present occurrence. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP opposes the prayer of bail.

6/24 Kiul P.S. Case No. 68 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Kiul, Lakhisarai/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. Cr. Misc. No. 53678 of 2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Rail Kiul P.S. Case No. 68 of 2022 registered for the offence under Sections 147, 148, 149, 353, 436, 457, 380, 411, 302 and 427 of the Indian Penal Code and under Sections 150, 151, 152, 145, 146, 147 and 174(A) of the Railway Act.

The accused/petitioner is named in the F.I.R. and is in custody since 19.06.2022.

7/24 the subject resorted to violence, ransack, the coaches and also put several trains on fire, which lead to burning of several coaches of 12368 DN Intercity Express, which was on platform no. 2 at the time of occurrence, alongwith one train coming from Delhi.

Considering the facts and circumstances as mentioned above, as nature of allegation appears very much general and omnibus against this petitioner coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Rail Kiul P.S. Case No. 68 of 2022 on furnishing bail bond of

8/24 Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Kiul, Lakhisarai/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. Cr. Misc. No. 53873 of 2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The accused/petitioner is named in the F.I.R. and is in custody since 18.06.2022.

9/24 put several trains on fire, which lead to burning of several coaches of 12368 DN Intercity Express, which was on platform no. 2 at the time of occurrence, alongwith one train coming from Delhi.

10/24 amount each to the satisfaction of learned Railway Judicial Magistrate, Kiul, Lakhisarai/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. Cr. Misc. No. 53933 of 2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The accused/petitioner is named in the F.I.R. and is in custody since 18.06.2022.

As per F.I.R., it is alleged by the informant, who is a station master of Lakhisarai railway station, that petitioner alongwith 500 demonstrators caught procession opposing the "Agniveer" scheme of recruitment with military, as announced recently by Government of India and while demonstrating over the subject resorted to violence, ransack, the coaches and also put several trains on fire, which lead to burning of several

11/24 coaches of 12368 DN Intercity Express, which was on platform no. 2 at the time of occurrence, alongwith one train coming from Delhi.

12/24 and Sessions Judge 1st -cum-Special Judge, SC/ST, Lakhisarai/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. Cr. Misc. No. 56816 of 2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The accused/petitioner is named in the F.I.R. and is in custody since 18.06.2022.

13/24 coaches of 12368 DN Intercity Express, which was on platform no. 2 at the time of occurrence, alongwith one train coming from Delhi.

Learned counsel appearing on behalf of the petitioner submitted that allegation is appearing very much general and omnibus and as petitioner found roaming seen to CCTV footage on platform, he has been implicated in present case without having any basis. It is pointed out that nothing incriminating surfaced during the course of investigation, which may connect this petitioner with present occurrence. It is also submitted that petitioner found involved in one criminal case, where he is on bail. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

14/24 Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Kiul, Lakhisarai/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. Cr. Misc. No. 57128 of 2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

At the outset, learned counsel for the petitioner submitted that at page no. 1 of the bail petition, in the cause title, inadvertently, name of father of the petitioner has been wrongly typed as 'Gopal Rajal' instead of 'Gopal Rajak'. Accordingly, learned counsel for the petitioner is permitted to make necessary correction during the course of the day itself.

The accused/petitioner is named in the F.I.R. and is in

15/24 custody since 18.06.2022.

16/24 Considering the facts and circumstances as mentioned above, as nature of allegation appears very much general and omnibus against this petitioner coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Rail Kiul P.S. Case No. 68 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Kiul, Lakhisarai/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. Cr. Misc. No. 59467 of 2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The accused/petitioner is named in the F.I.R. and is in custody since 20.06.2022.

17/24 As per F.I.R., it is alleged by the informant, who is a station master of Lakhisarai railway station, that petitioner alongwith 500 demonstrators caught procession opposing the "Agniveer" scheme of recruitment with military, as announced recently by Government of India and while demonstrating over the subject resorted to violence, ransack, the coaches and also put several trains on fire, which lead to burning of several coaches of 12368 DN Intercity Express, which was on platform no. 2 at the time of occurrence, alongwith one train coming from Delhi.

Considering the facts and circumstances as mentioned

18/24 above, as nature of allegation appears very much general and omnibus against this petitioner coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Rail Kiul P.S. Case No. 68 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Kiul, Lakhisarai/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. Cr. Misc. No. 61421 of 2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The accused/petitioner is named in the F.I.R. and is in custody since 18.06.2022.

As per F.I.R., it is alleged by the informant, who is a

19/24 station master of Lakhisarai railway station, that petitioner alongwith 500 demonstrators caught procession opposing the "Agniveer" scheme of recruitment with military, as announced recently by Government of India and while demonstrating over the subject resorted to violence, ransack, the coaches and also put several trains on fire, which lead to burning of several coaches of 12368 DN Intercity Express, which was on platform no. 2 at the time of occurrence, alongwith one train coming from Delhi.

Learned counsel appearing on behalf of the petitioner submitted that allegation is appearing very much general and omnibus and as petitioner found roaming seen to CCTV footage on platform, he has been implicated in present case without having any basis. It is pointed out that nothing incriminating surfaced during the course of investigation, which may connect this petitioner with present occurrence. It is also submitted that petitioner found involved in two criminal cases, where he is on bail. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

20/24 Considering the facts and circumstances as mentioned above, as nature of allegation appears very much general and omnibus against this petitioner coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Rail Kiul P.S. Case No. 68 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Kiul, Lakhisarai/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. Cr. Misc. No. 64717 of 2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The accused/petitioner is not named in the F.I.R. and is in custody since 20.06.2022.

21/24 As per F.I.R., it is alleged by the informant, who is a station master of Lakhisarai railway station, that petitioner alongwith 500 demonstrators caught procession opposing the "Agniveer" scheme of recruitment with military, as announced recently by Government of India and while demonstrating over the subject resorted to violence, ransack, the coaches and also put several trains on fire, which lead to burning of several coaches of 12368 DN Intercity Express, which was on platform no. 2 at the time of occurrence, alongwith one train coming from Delhi.

Considering the facts and circumstances as mentioned

22/24 above, as nature of allegation appears very much general and omnibus against this petitioner coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Rail Kiul P.S. Case No. 68 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Kiul, Lakhisarai/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. Cr. Misc. No. 66739 of 2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The accused/petitioner is named in the F.I.R. and is in custody since 17.06.2022.

As per F.I.R., it is alleged by the informant, who is a

23/24 station master of Lakhisarai railway station, that petitioner alongwith 500 demonstrators caught procession opposing the "Agniveer" scheme of recruitment with military, as announced recently by Government of India and while demonstrating over the subject resorted to violence, ransack, the coaches and also put several trains on fire, which lead to burning of several coaches of 12368 DN Intercity Express, which was on platform no. 2 at the time of occurrence, alongwith one train coming from Delhi.

Learned counsel appearing on behalf of the petitioner submitted that allegation is appearing very much general and omnibus and as petitioner found roaming seen to CCTV footage on platform, he has been implicated in present case without having any basis. It is pointed out that nothing incriminating surfaced during the course of investigation, which may connect this petitioner with present occurrence. It is also submitted that petitioner found involved in one criminal case, where he is on bail. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

24/24 Considering the facts and circumstances as mentioned above, as nature of allegation appears very much general and omnibus against this petitioner coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Rail Kiul P.S. Case No. 68 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Kiul, Lakhisarai/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T