Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65573 of 2022 Arising Out of PS. Case No.-123 Year-2022 Thana- TATARPUR District- Bhagalpur ====================================================== Kundan Kumar Son Of Anil Singh R/O Village- Mashdhi, P.S.- Sultanganj, District- Bhagalpur ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ruchi Mandal, Adv.

:

Mr. Arvind Kumar Singh, Adv.

:

Mr. Shashi Bhushan Kumar, Adv.

For the Opposite Party/s :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-12-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Tatarpur P.S. Case No. 123 of 2022 lodged under Sections 147, 148, 353, 427 of the I.P.C. and Sections 147, 150, 153, 174 (a), 174 (c) of Railway Act.

As per the prosecution case, the petitioner is alleged to be a member of unlawful assembly and protest against the Government's decision relating to implementation of Agnipath recruitment policy. Allegations of burning train, trying to block traffic at Station Chowk and trying to stop train by keeping

Patna High Court CR. MISC. No.65573 of 2022(2) dt.21-12-2022 2/3 sleepers on railway track and also misbehaving with the concerned police officer are there.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 17.06.2022 having clean antecedent. Learned counsel for the petitioner submits that he has nothing to do with the said scheme rather, he was going on the said date on road and police caught him and made him accused in the said case. He further submits that petitioner is a daily wage worker and generally used to go outside of his home in search of work and he has no connection with the said incident. He also submits that petitioner is named accused in the present case and he is in custody for about 6 months. Charge sheet has already been filed in this case. Learned counsel for the petitioner submits that in the Agnipath matter, bail has been granted to different accused persons by this Court as well as by the Co-ordinate Bench of this Court.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees

Patna High Court CR. MISC. No.65573 of 2022(2) dt.21-12-2022 3/3 Thirty thousand) with two sureties of the like amount each to the satisfaction of learned R.J.M. Bhagalpur in connection with Tatarpur P.S. Case No. 123 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ashishsingh/- U T