Patna High CourtCR. MISC./55765/2022bail granted

Kishor Kumar v. The State Of Bihar

2022-12-08Mr. Justice Chandra Shekhar Jha54 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58334 of 2022 Arising Out of PS. Case No.-358 Year-2022 Thana- MASAUDHI District- Patna ====================================================== Niku Kumar Son of Paulesh Prasad Singh @ Pravesh Singh @ Paulesh Singh Resident of Village - Jagdishpur, P.s.- Massaurhi, Distt.- Patna. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 54635 of 2022 Arising Out of PS. Case No.-358 Year-2022 Thana- MASAUDHI District- Patna ====================================================== Rohit Kumar Son of Mithilesh Prasad Resident of village - Jayram Bigha (Maimabad), P.S.- Ghoshi, District - Jehanabad. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 54805 of 2022 Arising Out of PS. Case No.-358 Year-2022 Thana- MASAUDHI District- Patna ====================================================== Vikram Kumar @ Bam Son of Bijendra Sharma R/V- Taregna Dih, P.SMasaurhi, Dist- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 55443 of 2022 Arising Out of PS. Case No.-358 Year-2022 Thana- MASAUDHI District- Patna ====================================================== 1.

Gopal Kumar S/O Surendra Kumar @ Surendra Kewat R/o Village- Bijawar, P.S.- Dhanaruwa, Distt- Patna.

Ajit Kumar S/o Arjun Prasad R/o Village- Mallahchak, P.S.- Masaurhi, Distt- Patna.

Krishna Kumar S/o Buletan Kewat R/o Village- Seodaha, P.S.- Dhanruwa,

2/54 Distt- Patna.

Chandan Kumar S/o Mahendra Singh R/o Village- Bizawar, Dhanaruwa, Distt- Patna.

... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 55765 of 2022 Arising Out of PS. Case No.-358 Year-2022 Thana- MASAUDHI District- Patna ====================================================== Kishor Kumar S/O Sri Satish Kumar Resident of Village- Sahabad, P.S.- Masaudhi, District- Patna.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 56396 of 2022 Arising Out of PS. Case No.-358 Year-2022 Thana- MASAUDHI District- Patna ====================================================== Vicky Kumar Son of Sanjay Kumar @ Sanjay Prasad Resident of mohallaShree Nagar, P.S- Masaurhi, Dist- Patna ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 56470 of 2022 Arising Out of PS. Case No.-358 Year-2022 Thana- MASAUDHI District- Patna ====================================================== Ravi Kumar Son of Jitendra Mistri R/V- Nimra, P.S- Kadirganj, Dist- patna. At present residing at Shree Nagar, P.S- Masaurhi, dist- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with

3/54 CRIMINAL MISCELLANEOUS No. 56667 of 2022 Arising Out of PS. Case No.-358 Year-2022 Thana- MASAUDHI District- Patna ====================================================== Amish Kumar @ Anish Kumar Son of Satyendra Prasad R/V- Karahra, P.SSigodi, Dist- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 57623 of 2022 Arising Out of PS. Case No.-358 Year-2022 Thana- MASAUDHI District- Patna ====================================================== 1.

Nitish Kumar @ Nitish Pandey S/O Baikunth Pandey Resident of villageMaliya Mahadev, P.S- Alamganj District- Patna 2.

Ajeet Kumar S/O Ram Pukar Singh Resident of village- Bhaiswa, P.S - Masaurhi, District- patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 57710 of 2022 Arising Out of PS. Case No.-358 Year-2022 Thana- MASAUDHI District- Patna ====================================================== Abhishek Kumar @ Abhishekh Kumar S/o Late Deorik Mistri R/V- Bhadura, P.S.- Masaurhi, Distt- Patna.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 58020 of 2022 Arising Out of PS. Case No.-358 Year-2022 Thana- MASAUDHI District- Patna ====================================================== 1.

Rohit Kumar Son of Parmanand Prasad @ Parman Prasad Resident of Muhalla- Srinagar Kalluchak, PO- Masaurhi, PS- Masaurhi, Patna, Bihar 804452 2.

Ashish Kumar Son of Sunil Kumar @ Sunil Prasad Resident of Muhalla-

4/54 Srinagar Kalluchak, PO- Masaurhi, PS- Masaurhi, Patna, Bihar 804452 ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 58500 of 2022 Arising Out of PS. Case No.-358 Year-2022 Thana- MASAUDHI District- Patna ====================================================== 1.

Uttam Kumar S/O Rajnandan Prasad Resident of village- Jaitipur, P.S.- Naubatpur, District- Patna 2.

Satyam Kumar S/O Rajnandan Prasad Resident of village- Jaitipur, P.S.- Naubatpur, District- Patna ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 58803 of 2022 Arising Out of PS. Case No.-358 Year-2022 Thana- MASAUDHI District- Patna ====================================================== Dhiraj Kumar S/O Raj Ballam Singh @ Raj Ballam Mahto Resident Of Village- Bhaudara, P.S.- Masaurhi, District- Patna ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 58938 of 2022 Arising Out of PS. Case No.-358 Year-2022 Thana- MASAUDHI District- Patna ====================================================== Jitendra Kumar Son Of Sri Ramadhar Prasad R/O Village- Bari Bigha, Masaurhi, P.S.- Kadirganj, District- Patna ... ... Petitioner/s

Versus

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

5/54 with CRIMINAL MISCELLANEOUS No. 58975 of 2022 Arising Out of PS. Case No.-358 Year-2022 Thana- MASAUDHI District- Patna ====================================================== Avinash Kumar S/o Shankar Prasad R/V- Lakhibag, P.S.- Masaurhi, DisttPatna. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 59571 of 2022 Arising Out of PS. Case No.-358 Year-2022 Thana- MASAUDHI District- Patna ====================================================== Sonu Kumar Son of Rup Chand Choudhary R/O Village- Taregna Dih, P.S.- Masaudhi, District- Patna ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 62127 of 2022 Arising Out of PS. Case No.-358 Year-2022 Thana- MASAUDHI District- Patna ====================================================== Rohit Kumar S/o Dayal Ram @ Shivdayal Ram R/V- Ghorahuwan, P.S.- Masaurhi, Distt- Patna.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 62214 of 2022 Arising Out of PS. Case No.-358 Year-2022 Thana- MASAUDHI District- Patna ====================================================== Chintu Kumar Son of Rajesh Kumar Resident of village - Taregna Chak, P.S.- Masaurhi, District - Patna.

... ... Petitioner/s

Versus

The State of Bihar

6/54 ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 63886 of 2022 Arising Out of PS. Case No.-358 Year-2022 Thana- MASAUDHI District- Patna ====================================================== Chandan Kumar Son of Shailendra Sharma @ Shailendra Kumar Resident of Village- Babhnawarui, Post Office- Bamhan Barui, P.S.- Hilsa and DistrictNalanda, Bihar 801302 ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 58334 of 2022) For the Petitioner/s :

Mr.Chadra Shekhar, Advocate For the Opposite Party/s :

Mr.Raj Ballabh Singh, APP (In CRIMINAL MISCELLANEOUS No. 54635 of 2022) For the Petitioner/s :

Mr.Anuj Kumar, Advocate For the Opposite Party/s :

Mr.Umeshanand Pandit, APP (In CRIMINAL MISCELLANEOUS No. 54805 of 2022) For the Petitioner/s :

Mr.Kishhore Kumar Thakur, Advocate Mr.Braj Kishore Singh, Advocate For the Opposite Party/s :

Mr.Bharat Bhushan, APP (In CRIMINAL MISCELLANEOUS No. 55443 of 2022) For the Petitioner/s :

Mr.Rudal Singh, Advocate For the Opposite Party/s :

Mr.Ram Sumiran Rai, APP (In CRIMINAL MISCELLANEOUS No. 55765 of 2022) For the Petitioner/s :

Mr.Sunil Kumar Pathak, Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP (In CRIMINAL MISCELLANEOUS No. 56396 of 2022) For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Satyendra Narayan Singh (In CRIMINAL MISCELLANEOUS No. 56470 of 2022) For the Petitioner/s :

Mr.Anuj Kumar, Advocate Mr.Rakesh Kumar, Advocate Mr.Shyam Kishore, Advocate For the Opposite Party/s :

Mr.Navin Kumar Pandey, APP (In CRIMINAL MISCELLANEOUS No. 56667 of 2022) For the Petitioner/s :

Mr.Priyesh Kumar For the Opposite Party/s :

Mr.Rajendra Nath Jha (In CRIMINAL MISCELLANEOUS No. 57623 of 2022) For the Petitioner/s :

Mr.Satish Chandra For the Opposite Party/s :

Mr.Rajiv Nayan App, 231 (In CRIMINAL MISCELLANEOUS No. 57710 of 2022) For the Petitioner/s :

Mr.Anuj Kumar, Advocate For the Opposite Party/s :

Mr.Pranav Kumar, APP (In CRIMINAL MISCELLANEOUS No. 58020 of 2022) For the Petitioner/s :

Mr.Mritunjay Kumar Singh For the Opposite Party/s :

Mr.Ramchandra Sahni (In CRIMINAL MISCELLANEOUS No. 58500 of 2022)

7/54 For the Petitioner/s :

Mr.Atul Sanker, Advocate For the Opposite Party/s :

Mr.Umesh Lal Verma, APP (In CRIMINAL MISCELLANEOUS No. 58803 of 2022) For the Petitioner/s :

Mr.Anuj Kumar, Advocate For the Opposite Party/s :

Mr.Umanath Mishra, APP (In CRIMINAL MISCELLANEOUS No. 58938 of 2022) For the Petitioner/s :

Mr.Manoj Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Shyam Kumar Singh, APP (In CRIMINAL MISCELLANEOUS No. 58975 of 2022) For the Petitioner/s :

Mr.Satish Chandra, Advocate For the Opposite Party/s :

Mr.Uday Chand Prasad, APP (In CRIMINAL MISCELLANEOUS No. 59571 of 2022) For the Petitioner/s :

Mr.Digamber Kr. Singh, Advocate Mr.Lal Babu Paswan, Advocate For the Opposite Party/s :

Mr.Anil Kumar Singh, No.1,APP (In CRIMINAL MISCELLANEOUS No. 62127 of 2022) For the Petitioner/s :

Mr.Manoj Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava, APP (In CRIMINAL MISCELLANEOUS No. 62214 of 2022) For the Petitioner/s :

Mr.Anuj Kumar, Advocate For the Opposite Party/s :

Ms.Madhuri Lata, APP (In CRIMINAL MISCELLANEOUS No. 63886 of 2022) For the Petitioner/s :

Mr.Avinash Chandra, Advocate For the Opposite Party/s :

Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 08-12-2022 (In Cr. Misc. No. 58334 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 Masaurhi P.S. Case No. 358 of 2022 registered for the offence under Sections 147, 148, 149, 332, 333, 353, 307, 337, 338, 435, 120(B) and 427 of the Indian Penal Code and Section 3⁄4 of the Damage to Public Property Act.

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

8/54 custody since 18.06.2022.

The allegation against the petitioner is to damage property of rail, bus, other public properties etc. by putting them on fire and also pelting stones over police personnels, while protesting Agniveer Scheme of recruitment in military, which was called by certain political parties, alongwith 75 named and 1000 to 1500 unknown co-accused persons.

Learned counsel appearing on behalf of the petitioner submitted that there is no specific allegation or overt act available against this petitioner, where admittedly, as per F.I.R., petitioner was the part of crowd only. It is submitted that prior to this occurrence, antecedent of this petitioner was clean but he was named in one (1) more case out of same protest. It is further submitted that it is highly improbable to present petitioner at two (2) different places of occurrence at same time be at Masaurhi and Jehanabad GRP Area. While concluding the argument, it is submitted that investigation in this case is complete 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.

In view of the facts and circumstances, as mentioned above, as allegation is limited to be a part of crowd only,

9/54 without specifying any overt act coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Masaurhi P.S. Case No. 358 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 Additional Chief Judicial Magistrate, Masaurhi/concerned Court, subject to the following conditions:

"(i) That the accused/petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which the State shall be at liberty to move before the learned Trial Court itself for the cancellation of bail bond of the petitioner.

(ii) That accused/petitioner shall cooperate in the trial and shall be physically present on each and every date before the learned Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the learned Trial Court, only on medical ground of the petitioner duly supported by the documents.

(iii) That one of the bailors shall be the deponent of the present bail petition."

10/54 (In Cr. Misc. No. 54635 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 19.06.2022.

11/54 this occurrence, antecedent of this petitioner was clean but he was named in 2 more cases out of same protest. It is further submitted that it is highly improbable to present petitioner at three (3) different places of occurrence at same time be at Masaudhi, Jehanabad and Patna GRP area. While concluding the argument, it is submitted that investigation in this case is complete 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.

In view of the facts and circumstances, as mentioned above, as allegation is limited to be a part of crowd only, without specifying any overt act coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Masaurhi P.S. Case No. 358 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 Additional Chief Judicial Magistrate, Masaurhi, Patna/concerned Court, subject to the following conditions:

"(i) That the accused/petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which the State shall be at liberty to move before the learned

12/54 Trial Court itself for the cancellation of bail bond of the petitioner.

(iii) That one of the bailors shall be the deponent of the present bail petition."

(In Cr. Misc. No. 54805 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.

13/54 The accused/petitioner is not named in the F.I.R. and is in custody since 21.06.2022.

14/54 with Masaurhi P.S. Case No. 358 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 Additional Chief Judicial Magistrate, Masaurhi/concerned Court, subject to the following conditions:

(iii) That one of the bailors shall be the deponent of the present bail petition."

(In Cr. Misc. No. 55443 of 2022) Heard learned counsel appearing on behalf of the

15/54 petitioners 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 petitioners seek bail in connection with Masaurhi P.S. Case No. 358 of 2022 registered for the offence under Sections 147, 148, 149, 332, 333, 353, 307, 337, 338, 435, 120(B) and 427 of the Indian Penal Code and Section 3⁄4 of the Damage to Public Property Act.

The accused/petitioners are named in the F.I.R. and all are in custody since 18.06.2022.

16/54 protest, where it is highly improbable for petitioner no.1 to be present at three (3) different places of occurrence, whereas petitioner nos. 2, 3 and 4 are not even named in subsequent occurrence. While concluding the argument, it is submitted that investigation in this case is complete 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.

In view of the facts and circumstances, as mentioned above, as allegation is limited to be a part of crowd only, without specifying any overt act coupled with the fact that charge-sheet has already been submitted, let all the petitioners, above named, are directed to be released on bail in connection with Masaurhi P.S. Case No. 358 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Masaurhi/concerned Court, subject to the following conditions:

"(i) That the accused/petitioners shall not involve in the similar nature of offence till the conclusion of trial, failing which the State shall be at liberty to move before the learned Trial Court itself for the cancellation of bail

17/54 bond of the petitioners.

(ii) That accused/petitioners shall cooperate in the trial and shall be physically present on each and every date before the learned Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the learned Trial Court, only on medical ground of the petitioners duly supported by the documents.

(iii) That one of the bailors shall be the deponent of the present bail petition."

(In Cr. Misc. No. 55765 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.

18/54 The allegation against the petitioner is to damage property of rail, bus, other public properties etc. by putting them on fire and also pelting stones over police personnels, while protesting Agniveer Scheme of recruitment in military, which was called by certain political parties, alongwith 75 named and 1000 to 1500 unknown co-accused persons.

19/54 of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Masaurhi, Patna/concerned Court, subject to the following conditions:

(iii) That one of the bailors shall be the deponent of the present bail petition."

(In Cr. Misc. No. 56396 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

20/54 of four weeks from today.

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

21/54 Masaudhi, Jehanabad and Patna GRP area. While concluding the argument, it is submitted that investigation in this case is complete 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.

In view of the facts and circumstances, as mentioned above, as allegation is limited to be a part of crowd only, without specifying any overt act coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Masaurhi P.S. Case No. 358 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 Additional Chief Judicial Magistrate, Masaurhi/concerned Court, subject to the following conditions:

(ii) That accused/petitioner shall cooperate in the trial and shall be physically

22/54 present on each and every date before the learned Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the learned Trial Court, only on medical ground of the petitioner duly supported by the documents.

(iii) That one of the bailors shall be the deponent of the present bail petition."

(In Cr. Misc. No. 56470 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.

The allegation against the petitioner is to damage property of rail, bus, other public properties etc. by putting them

23/54 on fire and also pelting stones over police personnels, while protesting Agniveer Scheme of recruitment in military, which was called by certain political parties, alongwith 75 named and 1000 to 1500 unknown co-accused persons.

Learned counsel appearing on behalf of the petitioner submitted that there is no specific allegation or overt act available against this petitioner, where admittedly, as per F.I.R., petitioner was the part of crowd only. It is submitted that prior to this occurrence, antecedent of this petitioner was clean but he was named in 2 more cases out of same protest. It is further submitted that it is highly improbable to present petitioner at three (3) different places of occurrence at same time be at Masaudhi, Jehanabad and Patna GRP area. While concluding the argument, it is submitted that investigation in this case is complete 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.

24/54 with Masaurhi P.S. Case No. 358 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 Additional Chief Judicial Magistrate, Masaurhi, Patna/concerned Court, subject to the following conditions:

(iii) That one of the bailors shall be the deponent of the present bail petition."

(In Cr. Misc. No. 56667 of 2022) Heard learned counsel appearing on behalf of the

25/54 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.

26/54 submitted that it is highly improbable to present petitioner at two (2) different places of occurrence at same time be at Masaudhi and Jehanabad GRP area. While concluding the argument, it is submitted that investigation in this case is complete 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.

In view of the facts and circumstances, as mentioned above, as allegation is limited to be a part of crowd only, without specifying any overt act coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Masaurhi P.S. Case No. 358 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 Additional Chief Judicial Magistrate, Masaurhi/concerned Court, subject to the following conditions:

27/54 (ii) That accused/petitioner shall cooperate in the trial and shall be physically present on each and every date before the learned Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the learned Trial Court, only on medical ground of the petitioner duly supported by the documents.

(iii) That one of the bailors shall be the deponent of the present bail petition."

(In Cr. Misc. No. 57623 of 2022) Heard learned counsel appearing on behalf of the petitioners 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/petitioners are not named in the F.I.R. and both are in custody since 22.06.2022.

28/54 The allegation against the petitioner is to damage property of rail, bus, other public properties etc. by putting them on fire and also pelting stones over police personnels, while protesting Agniveer Scheme of recruitment in military, which was called by certain political parties, alongwith 75 named and 1000 to 1500 unknown co-accused persons.

In view of the facts and circumstances, as mentioned above, as allegation is limited to be a part of crowd only, without specifying any overt act coupled with the fact that charge-sheet has already been submitted, let both the petitioners, above named, are directed to be released on bail in connection with Masaurhi P.S. Case No. 358 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two

29/54 sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Masaurhi/concerned Court, subject to the following conditions:

(iii) That one of the bailors shall be the deponent of the present bail petition."

(In Cr. Misc. No. 57710 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

30/54 of four weeks from today.

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

31/54 Masaudhi, Jehanabad (Taregna) and Jehanabad R.P.F. Area. While concluding the argument, it is submitted that investigation in this case is complete 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.

In view of the facts and circumstances, as mentioned above, as allegation is limited to be a part of crowd only, without specifying any overt act coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Masaurhi P.S. Case No. 358 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 Additional Chief Judicial Magistrate, Masaurhi/concerned Court, subject to the following conditions:

(ii) That accused/petitioner shall

32/54 cooperate in the trial and shall be physically present on each and every date before the learned Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the learned Trial Court, only on medical ground of the petitioner duly supported by the documents.

(iii) That one of the bailors shall be the deponent of the present bail petition."

(In Cr. Misc. No. 58020 of 2022) Heard learned counsel appearing on behalf of the petitioners 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/petitioners are named in the F.I.R. and both are in custody since 18.06.2022.

The allegation against the petitioners is to damage

33/54 property of rail, bus, other public properties etc. by putting them on fire and also pelting stones over police personnels, while protesting Agniveer Scheme of recruitment in military, which was called by certain political parties, alongwith 75 named and 1000 to 1500 unknown co-accused persons.

Learned counsel appearing on behalf of the petitioners submitted that there is no specific allegation or overt act available against these petitioners, where admittedly, as per F.I.R., petitioners were the part of crowd only. It is submitted that prior to this occurrence, antecedent of these petitioners were clean but they were named in 2 more cases out of same protest. It is further submitted that it is highly improbable to present petitioners at three (3) different places of occurrence at same time be at Masaudhi and Jehanabad (Taregna) and Jehanabad RPF Area. While concluding the argument, it is submitted that investigation in this case is complete 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.

In view of the facts and circumstances, as mentioned above, as allegation is limited to be a part of crowd only, without specifying any overt act coupled with the fact that

34/54 charge-sheet has already been submitted, let both the petitioners, above named, are directed to be released on bail in connection with Masaurhi P.S. Case No. 358 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Masaurhi/concerned Court, subject to the following conditions:

(iii) That one of the bailors shall be the deponent of the present bail petition."

35/54 (In Cr. Misc. No. 58500 of 2022) Heard learned counsel appearing on behalf of the petitioners 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/petitioners are named in the F.I.R. and both are in custody since 18.06.2022.

Learned counsel appearing on behalf of the petitioners submitted that there is no specific allegation or overt act available against both petitioners, where admittedly, as per F.I.R., petitioners were the part of crowd only. It is submitted

36/54 that prior to this occurrence, antecedent of these petitioners were clean but they were named in 2 more cases out of same protest. It is further submitted that it is highly improbable to present petitioners at three (3) different places of occurrence at same time be at Masaudhi, Jehanabad (Taregna) and Jehanabad RPF area. While concluding the argument, it is submitted that investigation in this case is complete 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.

In view of the facts and circumstances, as mentioned above, as allegation is limited to be a part of crowd only, without specifying any overt act coupled with the fact that charge-sheet has already been submitted, let both the petitioners, above named, are directed to be released on bail in connection with Masaurhi P.S. Case No. 358 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Masaurhi/concerned Court, subject to the following conditions:

"(i) That the accused/petitioners shall not involve in the similar nature of offence till the conclusion of trial, failing which the State

37/54 shall be at liberty to move before the learned Trial Court itself for the cancellation of bail bond of the petitioners.

(iii) That one of the bailors shall be the deponent of the present bail petition."

(In Cr. Misc. No. 58803 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.

38/54 The accused/petitioner is named in the F.I.R. and is in custody since 18.06.2022.

Learned counsel appearing on behalf of the petitioner submitted that there is no specific allegation or overt act available against this petitioner, where admittedly, as per F.I.R., petitioner was the part of crowd only. It is submitted that prior to this occurrence, antecedent of this petitioner was clean but he was named in 2 more cases out of same protest. It is further submitted that it is highly improbable to present petitioner at three (3) different places of occurrence at same time be at Masaudhi, Jehanabad and Patna GRP area. While concluding the argument, it is submitted that investigation in this case is complete 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.

In view of the facts and circumstances, as mentioned

39/54 above, as allegation is limited to be a part of crowd only, without specifying any overt act coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Masaurhi P.S. Case No. 358 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 Additional Chief Judicial Magistrate, Masaurhi/concerned Court, subject to the following conditions:

(iii) That one of the bailors shall be

40/54 the deponent of the present bail petition."

(In Cr. Misc. No. 58938 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.

Learned counsel appearing on behalf of the petitioner submitted that there is no specific allegation or overt act available against this petitioner, where admittedly, as per F.I.R.,

41/54 petitioner was the part of crowd only. It is submitted that petitioner is a man of clean antecedent. While concluding the argument, it is submitted that investigation in this case is complete 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.

(ii) That accused/petitioner shall

42/54 cooperate in the trial and shall be physically present on each and every date before the learned Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the learned Trial Court, only on medical ground of the petitioner duly supported by the documents.

(iii) That one of the bailors shall be the deponent of the present bail petition."

(In Cr. Misc. No. 58975 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 19.06.2022.

The allegation against the petitioner is to damage

43/54 property of rail, bus, other public properties etc. by putting them on fire and also pelting stones over police personnels, while protesting Agniveer Scheme of recruitment in military, which was called by certain political parties, alongwith 75 named and 1000 to 1500 unknown co-accused persons.

44/54 Chief Judicial Magistrate, Masaurhi, Patna/concerned Court, subject to the following conditions:

(iii) That one of the bailors shall be the deponent of the present bail petition."

(In Cr. Misc. No. 59571 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.

45/54 The petitioner seeks bail in connection with Masaurhi P.S. Case No. 358 of 2022 registered for the offence under Sections 147, 148, 149, 332, 333, 353, 307, 337, 338, 435, 120(B) and 427 of the Indian Penal Code and Section 3⁄4 of the Damage to Public Property Act.

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

Learned counsel appearing on behalf of the petitioner submitted that there is no specific allegation or overt act available against this petitioner, where admittedly, as per F.I.R., petitioner was the part of crowd only. It is submitted that prior to this occurrence, petitioner found named in one more criminal case, where he is on bail and after this occurrence, he was named in 1 more case out of same protest. It is further submitted that it is highly improbable to present petitioner at two (2) different places of occurrence at same time be at Masaudhi,

46/54 Jehanabad. While concluding the argument, it is submitted that investigation in this case is complete 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.

(ii) That accused/petitioner shall cooperate in the trial and shall be physically

47/54 present on each and every date before the learned Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the learned Trial Court, only on medical ground of the petitioner duly supported by the documents.

(iii) That one of the bailors shall be the deponent of the present bail petition."

(In Cr. Misc. No. 62127 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.

The allegation against the petitioner is to damage property of rail, bus, other public properties etc. by putting them

48/54 on fire and also pelting stones over police personnels, while protesting Agniveer Scheme of recruitment in military, which was called by certain political parties, alongwith 75 named and 1000 to 1500 unknown co-accused persons.

49/54 subject to the following conditions:

(iii) That one of the bailors shall be the deponent of the present bail petition."

(In Cr. Misc. No. 62214 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 Masaurhi

50/54 P.S. Case No. 358 of 2022 registered for the offence under Sections 147, 148, 149, 332, 333, 353, 307, 337, 338, 435, 120(B) and 427 of the Indian Penal Code and Section 3⁄4 of the Damage to Public Property Act.

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

Learned counsel appearing on behalf of the petitioner submitted that there is no specific allegation or overt act available against this petitioner, where admittedly, as per F.I.R., petitioner was the part of crowd only. It is submitted that prior to this occurrence, antecedent of this petitioner was clean but he was named in 2 more cases out of same protest. It is further submitted that it is highly improbable to present petitioner at three (3) different places of occurrence at same time be at Masaudhi, Jehanabad and Taregna RPF area. While concluding the argument, it is submitted that investigation in this case is

51/54 complete 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.

In view of the facts and circumstances, as mentioned above, as allegation is limited to be a part of crowd only, without specifying any overt act coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Masaurhi P.S. Case No. 358 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 Additional Chief Judicial Magistrate, Masaurhi/concerned Court, subject to the following conditions:

(ii) That accused/petitioner shall cooperate in the trial and shall be physically present on each and every date before the learned Trial Court till conclusion of the trial

52/54 and exemption from physical appearance be allowed by the learned Trial Court, only on medical ground of the petitioner duly supported by the documents.

(iii) That one of the bailors shall be the deponent of the present bail petition."

(In Cr. Misc. No. 63886 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.

53/54 was called by certain political parties, alongwith 75 named and 1000 to 1500 unknown co-accused persons.

Learned counsel appearing on behalf of the petitioner submitted that there is no specific allegation or overt act available against this petitioner, where admittedly, as per F.I.R., petitioner was the part of crowd only. It is submitted that prior to this occurrence, antecedent of this petitioner was clean but he was named in 2 more cases out of same protest. It is further submitted that it is highly improbable to present petitioner at three (3) different places of occurrence at same time be at Masaudhi, Jehanabad and Patna GRP Area. While concluding the argument, it is submitted that investigation in this case is complete 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.

54/54 of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Masaurhi/concerned Court, subject to the following conditions:

(iii) That one of the bailors shall be the deponent of the present bail petition."

(Chandra Shekhar Jha, J) R.S.Sen/- U T