Patna High CourtCR. MISC./59646/2022bail granted

Manish Kumar v. The State Of Bihar

2022-12-14Mr. Justice Chandra Shekhar Jha25 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59646 of 2022 Arising Out of PS. Case No.-358 Year-2022 Thana- MASAUDHI District- Patna ====================================================== MANISH KUMAR Son of Late Bigan Saw Resident of Village- Madadeopur, P.S.- Masaurhi, District- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 60831 of 2022 Arising Out of PS. Case No.-358 Year-2022 Thana- MASAUDHI District- Patna ====================================================== ABHISHEK KUMAR Son of Ramesh Yadav @ Moshafir Yadav R/VKishanpuri Manichak, P.s- Masaurhi, Dist- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 61387 of 2022 Arising Out of PS. Case No.-358 Year-2022 Thana- MASAUDHI District- Patna ====================================================== SANOJ KUMAR S/O Chanarik Prasad @ Chanarik Yadav Resident of village-P.O Patharaht, P.S- Dhanaraua, Distt- Patna, Bihar ... ... Petitioner/s

Versus

The State of Bihar 2.

Mritunjay Kumar Circle Officer, Masaurhi, P.S- Masaurhi, Dist- Patna Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 62157 of 2022 Arising Out of PS. Case No.-358 Year-2022 Thana- MASAUDHI District- Patna ====================================================== VIKASH KUMAR SON OF VINOD PRASAD R/O VILLAGECHIRAIYAN TAR, P.S.- DHANARUA, DISTRICT- PATNA ... ... Petitioner/s

Versus

2/25 THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 62216 of 2022 Arising Out of PS. Case No.-358 Year-2022 Thana- MASAUDHI District- Patna ====================================================== SURAJ KUMAR S/O Ved Prakash @ Ved Prakash Singh R/O VillageRegistry Office Masaurhi, P.S- Masaurhi, District- Patna ... ... Petitioner/s

Versus

The State of Bihar 2.

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 64263 of 2022 Arising Out of PS. Case No.-358 Year-2022 Thana- MASAUDHI District- Patna ====================================================== ARVIND KUMAR Son of Upendra Yadav R/O Village- Sukna Bigha, P.SJehanabad, District- Jehanabad ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 64815 of 2022 Arising Out of PS. Case No.-358 Year-2022 Thana- MASAUDHI District- Patna ====================================================== 1.

MD. DANISH Son of Md. Ali Hussain Resident of Village - Malikana, Police Station - Masaurhi, District - Patna 2.

Md. Asif @ Md. Asif Raja Son of Late Md. Abdul Kalam (In F.I.R. and Impugned oreder wrongly mentioned as Md. Ali Hussain), Resident of Village - Teknari, Police Station - Patepur, District - Vaishali, At present Residing at Village - Malikana, Police Station - Masaurhi, District - Patna ... ... Petitioner/s

Versus

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

3/25 CRIMINAL MISCELLANEOUS No. 64892 of 2022 Arising Out of PS. Case No.-358 Year-2022 Thana- MASAUDHI District- Patna ====================================================== UDAY KUMAR Son of Manglu Yadav @ Mangru Sah @ Mangru Sadhu Resident of- Haminagar, P.S.- Kako, District- Jahnabad ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 64895 of 2022 Arising Out of PS. Case No.-358 Year-2022 Thana- MASAUDHI District- Patna ====================================================== PRABHAT KUMAR S/O Ramesh Kumar R/O - Shyam Nagar, P.S- Masaurhi, District- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 65875 of 2022 Arising Out of PS. Case No.-358 Year-2022 Thana- MASAUDHI District- Patna ====================================================== 1.

PINTU PASWAN Son of Shri Naresh Paswan R/v- Khapura, P.S.- Paliganj, District- Patna 2.

MD. ALI Son of Md. Tukman @ Lukman Resident at Kashmirganj, P.S.- Masaurhi, District- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 66802 of 2022 Arising Out of PS. Case No.-358 Year-2022 Thana- MASAUDHI District- Patna ====================================================== CHANDAN KUMAR SON OF NAGENDRA PRASAD R/O VILLAGEPAKRI, P.S.- MASAURHI, DISTRICT- PATNA ... ... Petitioner/s

Versus

4/25 The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 67914 of 2022 Arising Out of PS. Case No.-358 Year-2022 Thana- MASAUDHI District- Patna ====================================================== ANUGRAH KUMAR SON OF SUNIL KUMAR SINGH R/O VILL.- BAURIHI, P.S.- DHANARUA, DISTT.- PATNA ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 68878 of 2022 Arising Out of PS. Case No.-87 Year-2022 Thana- TRIVENIGANJ District- Supaul ====================================================== BITTU SAH @ PRAVESH KUMAR SAH S/o Ramesh Kumar Sah R/o Village- Champa Nagar, P.S.- Raghopur, Distt- Supaul, Bihar. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 59646 of 2022) For the Petitioner/s :

Mr.Satish Chandra For the Opposite Party/s :

Mr.Umesh Lal Verma (In CRIMINAL MISCELLANEOUS No. 60831 of 2022) For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Ram Naresh Ray (In CRIMINAL MISCELLANEOUS No. 61387 of 2022) For the Petitioner/s :

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

Mr.Nagendra Prasad (In CRIMINAL MISCELLANEOUS No. 62157 of 2022) For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Dashrath Mehta (In CRIMINAL MISCELLANEOUS No. 62216 of 2022) For the Petitioner/s :

Mr.Satish Chandra For the Opposite Party/s :

Mr.Bharat Bhushan (In CRIMINAL MISCELLANEOUS No. 64263 of 2022) For the Petitioner/s :

Mr.Nand Kishore Prasad For the Opposite Party/s :

Mr.Umesh Lal Verma (In CRIMINAL MISCELLANEOUS No. 64815 of 2022) For the Petitioner/s :

Mr.Md.Imteyaz Ahmad For the Opposite Party/s :

Mr.Nirmala Kumari (In CRIMINAL MISCELLANEOUS No. 64892 of 2022)

5/25 For the Petitioner/s :

Mr.Ajit Kumar For the Opposite Party/s :

Mr.Lalan Kumar (In CRIMINAL MISCELLANEOUS No. 64895 of 2022) For the Petitioner/s :

Mr.Ajit Kumar For the Opposite Party/s :

Mr.Lalan Kumar (In CRIMINAL MISCELLANEOUS No. 65875 of 2022) For the Petitioner/s :

Mr.Birendra Narayan Sharma For the Opposite Party/s :

Mr.Sanjay Kumar Singh (In CRIMINAL MISCELLANEOUS No. 66802 of 2022) For the Petitioner/s :

Mr.Nand Kishore Prasad For the Opposite Party/s :

Mr.Akhileshwar Dayal (In CRIMINAL MISCELLANEOUS No. 67914 of 2022) For the Petitioner/s :

Mr.Bishwa Nath Chaudhary For the Opposite Party/s :

Mr.Jitendra Kumar Singh (In CRIMINAL MISCELLANEOUS No. 68878 of 2022) For the Petitioner/s :

Mr.Kuldeep Kumar For the Opposite Party/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 14-12-2022 Cr. Misc. No. 59646 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 under Sections 3 and 4 of the Public Property Damage Protection Act.

The accused/petitioner is not named in the F.I.R. and is in custody since 22.06.2022.

The allegation against the petitioner is that he alongwith 1000-1500 demonstrators, who were demonstrating against delay in publishing the result of Army, Navy and Air Force written

6/25 examination and was armed with lathi, danda, etc., was disturbing the traffic and also cause damage to public property like bus, train, etc. 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 mob only. It is also pointed out that the name of petitioner surfaced on the basis of suspicion arises out of CCTV footage. 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.

Considering the facts and circumstances as mentioned above, as allegation is limited to be the part of crowd only without specifying any overt act 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 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 at Patna/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.

Cr. Misc. No. 60831 of 2022 Heard learned counsel appearing on behalf of the

7/25 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 that he alongwith 1000-1500 demonstrators, who were demonstrating against delay in publishing the result of Army, Navy and Air Force written examination and was armed with lathi, danda, etc., was disturbing the traffic and also cause damage to public property like bus, train, etc. 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 mob only. It is pointed out that prior to this occurrence, antecedent of this petitioner was clean but he was named in two subsequent cases out of same protest. It is also pointed out that petitioner was implicated in subsequent cases, which took place at different locations on same date and time, which makes allegation highly improbable. While concluding the argument, it has been

8/25 submitted that investigation has been completed, for which, chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

Cr. Misc. No. 61387 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, 143, 332, 333, 353, 307, 337, 338, 435, 120(B) and 427 of the Indian Penal Code and under Sections 3 and 4 of the Public Property Damage Protection Act.

9/25 The accused/petitioner is named in the F.I.R. and is in custody since 18.06.2022.

The allegation against the petitioner is that he alongwith 1000-1500 demonstrators, who were demonstrating against delay in publishing the result of Army, Navy and Air Force written examination and was armed with lathi, danda, etc., was disturbing the traffic and also cause damage to public property like bus, train, etc. 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 is a milk vendor of locality. It is pointed out that prior to this occurrence, antecedent of this petitioner was clean but he was named in two subsequent cases out of same protest. It is also pointed out that petitioner was implicated in subsequent cases, which took place at different locations on same date and time, which makes allegation highly improbable. While concluding the argument, it has been submitted that investigation has been completed, for which, chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

10/25 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 at Patna/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.

Cr. Misc. No. 62157 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.

11/25 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 mob only. It is pointed out that prior to this occurrence, antecedent of this petitioner was clean but he was named in two subsequent cases out of same protest. It is also pointed out that petitioner was implicated in subsequent cases, which took place at different locations on same date and time, which makes allegation highly improbable. While concluding the argument, it has been submitted that investigation has been completed, for which, chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

Cr. Misc. No. 62216 of 2022 Heard learned counsel appearing on behalf of the

12/25 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 22.06.2022.

13/25 submitted that investigation has been completed, for which, chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

Cr. Misc. No. 64263 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.

14/25 The accused/petitioner is named in the F.I.R. and is in custody since 18.06.2022.

Learned APP opposes the prayer of bail.

15/25 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 at Patna/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.

Cr. Misc. No. 64815 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 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 under Sections 3 and 4 of the Public Property Damage Protection Act.

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

The allegation against the petitioners is that they were among the demonstrators, who were demonstrating against delay in publishing the result of Army, Navy and Air Force written examination and were armed with lathi, danda, etc., and were disturbing the traffic and also cause damage to public property like bus, train, etc.

16/25 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 part of mob only. It is pointed out that prior to this occurrence, antecedent of these petitioners were clean but they were named in two subsequent cases out of same protest. It is also pointed out that petitioners were implicated in subsequent cases, which took place at different locations on same date and time, which makes allegation highly improbable. While concluding the argument, it has been submitted that investigation has been completed, for which, chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as allegation is limited to be the part of crowd only without specifying any overt act coupled with the fact that charge-sheet has been submitted, let both above named petitioner 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) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Masaurhi at Patna/concerned Court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.

Cr. Misc. No. 64892 of 2022

17/25 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 that he alongwith 1000-1500 demonstrators, who were demonstrating against delay in publishing the result of Army, Navy and Air Force written examination and was armed with lathi, danda, etc., was disturbing the traffic and also cause damage to public property like bus, train, etc. 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 mob only. It is submitted that petitioner was implicated in this case when he was on his way to medical shop for purchasing medicine of his ailing father of co-accused, namely, Prabhat Kumar. It is pointed out that prior to this occurrence, antecedent of this petitioner was clean but he was named in two subsequent cases out of

18/25 same protest. It is pointed out that prior to this occurrence, antecedent of this petitioner was clean but he was named in two subsequent cases out of same protest. It is also pointed out that petitioner was implicated in subsequent cases, which took place at different locations on same date and time, which makes allegation highly improbable. 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.

Considering the facts and circumstances as mentioned above, as allegation is limited to be the part of crowd only without specifying any overt act 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 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 Chief Judicial Magistrate, Masaurhi at Patna/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.

Cr. Misc. No. 64895 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

19/25 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 that he alongwith demonstrators, who were demonstrating against delay in publishing the result of Army, Navy and Air Force written examination and was armed with lathi, danda, etc., was disturbing the traffic and also cause damage to public property like bus, train, etc. 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 mob only. It is submitted that petitioner was implicated in this case when he was on his way to medical shop to purchase medicine of his ailing father. It is pointed out that prior to this occurrence, antecedent of this petitioner was clean but he was named in two subsequent cases out of same protest. It is also pointed out that petitioner was implicated in subsequent cases, which took place at different locations on same date and time, which makes allegation highly improbable. While concluding the argument, it has been

20/25 submitted that investigation has been completed, for which, chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as allegation is limited to be the part of crowd only without specifying any overt act 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 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 Chief Judicial Magistrate, Masaurhi at Patna/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.

Cr. Misc. No. 65875 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.

21/25 The accused/petitioners are named in the F.I.R. and are in custody since 18.06.2022.

The allegation against the petitioners is that they are among the demonstrators, who were demonstrating against delay in publishing the result of Army, Navy and Air Force written examination and were armed with lathi, danda, etc., and were disturbing the traffic and also cause damage to public property like bus, train, etc.

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 part of mob only. It is pointed out that prior to this occurrence, antecedent of these petitioners were clean but they were named in two subsequent cases out of same protest. It is also pointed out that petitioners were implicated in subsequent cases, which took place at different locations on same date and time, which makes allegation highly improbable. While concluding the argument, it has been submitted that investigation has been completed, for which, chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as allegation is limited to be the part of crowd only without specifying any overt act coupled with the fact that charge-sheet has

22/25 been submitted, let both above named petitioners 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) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Masaurhi at Patna/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.

Cr. Misc. No. 66802 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.

23/25 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 mob only. It is pointed out that prior to this occurrence, antecedent of this petitioner was clean but he was named in two subsequent cases out of same protest. It is also pointed out that petitioner was implicated in subsequent cases, which took place at different locations on same date and time, which makes allegation highly improbable. While concluding the argument, it has been submitted that investigation has been completed, for which, chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

Cr. Misc. No. 67914 of 2022

24/25 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.

25/25 highly improbable. While concluding the argument, it has been submitted that investigation has been completed, for which, chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

Cr. Misc. No. 68878 of 2022 Heard the parties.

It appears that matter is wrongly listed.

List this matter as per its own seriatum.

(Chandra Shekhar Jha, J) pooja/- U T