Sumit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61561 of 2022 Arising Out of PS. Case No.-414 Year-2022 Thana- KAHALGAON District- Bhagalpur ====================================================== SUMIT KUMAR Son of Chaturbhuj Pal Resident of Village - Kalgiganj, Ward No.- 7, P.S.- Kalgiganj, District - Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 61564 of 2022 Arising Out of PS. Case No.-414 Year-2022 Thana- KAHALGAON District- Bhagalpur ====================================================== 1.
DHARMENDRA KUMAR Son of Ravindra Kumar R/V- Brahamchari, P.O_ Lagmahat, P.S- Kahalgaon, Dist- Bhagalpur 2.
Jawahar Kumar Sharma Son of Ranjit Sharma R/V- Shyampur, P.O- Lalapur, Bhuder, P.S- Kahalgaon, Dist- Bhagalpur 3.
Amit Kumar Sah @ Amit Kumar Son of Uday Prasad Sah R/V and PostKalgiganj, P.S- Kahalgaon, Dist- Bhagalpur 4.
Aaditya Kumar Singh Son of Balmukund Singh R/V- Jan Mahammadpur, P.O- Kalgiganj, P.S- Kahalgaon, Dist- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 61561 of 2022) For the Petitioner/s :
Mr.Chandrasekhar Sharma, Adv.
For the Opposite Party/s :
Mr.Jitendra Kumar Singh, APP (In CRIMINAL MISCELLANEOUS No. 61564 of 2022) For the Petitioner/s :
Mr.Chandrasekhar Sharma, Adv.
For the Opposite Party/s :
Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-01-2023 As both these cases arise out of same police station case number, hence with the consent of parties, they are being taken
Patna High Court CR. MISC. No.61561 of 2022(3) dt.23-01-2023 2/3 up together and disposed of by this common order. Heard learned counsel for the petitioners and learned APP for the State.
The petitioners apprehend their arrest in a case in connection with Kahalgaon P.S. Case No.414/22, registered for the offence punishable u/s 283, 353, 188/34 of the IPC and section 174(A) of Railway Act.
Allegation against the petitioners is that they participated in strike and blocked Kushpur MGR Track due to which the NTPC suffered huge loss and supply of electricity fully disturbed.
It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive. No such occurrence, in manner as alleged has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. Petitioners are implicated in this case because of their being the leaders of the Employees Association. Petitioners have no criminal antecedent. Learned counsel for the State opposed the prayer for bail by submitting that petitioners were involved in the said strike due to which electricity supply got disturbed and NTPC suffered
Patna High Court CR. MISC. No.61561 of 2022(3) dt.23-01-2023 3/3 huge loss. The witnesses have supported the prosecution case. Having regard to the facts and circumstances of the case, considering the nature of allegation, I am not inclined to enlarge the petitioners on bail. The prayer for grant of anticipatory bail on their behalf is rejected.
These applications are accordingly dismissed. (Anjani Kumar Sharan, J) pallavi/- U T