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Patna High CourtCR. MISC./67225/2022bail granted

Alok Anand v. The State Of Bihar

2022-12-22Mr. Justice Chandra Shekhar Jha9 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66417 of 2022 Arising Out of PS. Case No.-100 Year-2022 Thana- DANAPUR RAIL P.S. District- Patna ====================================================== AZAD KUMAR @ SANTOSH KUMAR S/O Surendra Rai @ Satyanarayan Singh R/O Daudpur, P.S- Shahpur, District- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 67225 of 2022 Arising Out of PS. Case No.-100 Year-2022 Thana- DANAPUR RAIL P.S. District- Patna ====================================================== ALOK ANAND SON OF ASHOK KUMAR R/O VILLAGE- NEWATI MOHALLA, P.S.- MANER, DISTRICT- PATNA ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 67270 of 2022 Arising Out of PS. Case No.-100 Year-2022 Thana- DANAPUR RAIL P.S. District- Patna ====================================================== VISHAL KUMAR SON OF TARKESHWAR RAI R/O VILL.- CHAPTA, P.O.- MAHATHI DHARAMCHAND, P.S.- TISIAUTA, DISTT.- VAISHALI ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 72714 of 2022 Arising Out of PS. Case No.-100 Year-2022 Thana- DANAPUR RAIL P.S. District- Patna ====================================================== VIKRANT KUMAR @ RAJU KUMAR SON OF BINDA RAI R/O BIBIGANJ, BHATHHA ROAD, WARD NO.19, P.S.- DANAPUR, DISTRICT- PATNA ... ... Petitioner/s

Versus

The State of Bihar

2/9 ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 66417 of 2022) For the Petitioner/s :

Mr.Ghanshyam Tiwary, Advocate For the Opposite Party/s :

Mr.Shailendra Kumar, APP (In CRIMINAL MISCELLANEOUS No. 67225 of 2022) For the Petitioner/s :

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

Mr.Nirmal Kumar Sinha, APP (In CRIMINAL MISCELLANEOUS No. 67270 of 2022) For the Petitioner/s :

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

Mr.Md. Ataur Rahman, APP (In CRIMINAL MISCELLANEOUS No. 72714 of 2022) For the Petitioner/s :

Mr.Ghanshyam Tiwary, Advocate For the Opposite Party/s :

Mr.Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-12-2022 (In Cr. Misc. No. 66417 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 G.R.P. Danapur (Patna) P.S. Case No. 100 of 2022 registered for the offence under Sections 147, 148, 149, 307, 323, 337, 338, 341, 353, 427, 435, 436, 504, 506, 120(B) of I.P.C. and u/s 145, 146, 147, 150, 151, 153, 154, 174 of Railway Act. The accused/petitioner is named in the F.I.R. and is in custody since 17.06.2022.

The allegation against the petitioner is to damage public properties like bus, train by putting on fire and also to

3/9 assault police personnels on duty while making protest against "Agniveer Scheme" launched by Indian Army, along with 1500-2000 unknown persons.

Learned counsel appearing on behalf of the petitioner submitted that allegation against the petitioner is very much general and omnibus without specifying any overt act towards occurrence. It is further submitted that merely on the basis of CCTV footage, as petitioner found roaming in the area being the resident of the localities, without having any connecting evidence implicated in present case. It is also submitted that petitioner found involved in 2 more criminal cases, where he is on bail. While concluding the argument, it has been submitted that investigation of this case is 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 against the petitioner is appearing very much general and omnibus 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 G.R.P. Danapur (Patna) P.S. Case No. 100 of

4/9 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 A.D.J.-XVI, Patna/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(In Cr. Misc. No. 67225 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 G.R.P. Danapur (Patna) P.S. Case No. 100 of 2022 registered for the offence under Sections 147, 148, 149, 307, 323, 337, 338, 341, 353, 427, 435, 436, 504, 506, 120(B) of I.P.C. and u/s 145, 146, 147, 150, 151, 153, 154, 174 of Railway Act. The accused/petitioner is not named in the F.I.R. and is in custody since 02.07.2022.

The allegation against the petitioner is to damage public properties like bus, train by putting on fire and also to assault police personnels on duty while making protest against "Agniveer Scheme" launched by Indian Army, along with 1500-2000 unknown persons.

5/9 Learned counsel appearing on behalf of the petitioner submitted that allegation against the petitioner is very much general and omnibus without specifying any overt act towards occurrence. It is further submitted that merely on the basis of CCTV footage, as petitioner found roaming in the area being the resident of the localities, without having any connecting evidence implicated in present case. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is 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 against the petitioner is appearing very much general and omnibus 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 G.R.P. Danapur (Patna) P.S. Case No. 100 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 A.D.J.-XVI, Patna/concerned Court, subject to the conditions as mentioned under Section 437(3) of

6/9 the Cr.P.C.

(In Cr. Misc. No. 67270 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 G.R.P. Danapur (Patna) P.S. Case No. 100 of 2022 registered for the offence under Sections 147, 148, 149, 307, 323, 337, 338, 341, 353, 427, 435, 436, 504, 506, 120(B) of I.P.C. and u/s 145, 146, 147, 150, 151, 153, 154, 174 of Railway Act. The accused/petitioner is not named in the F.I.R. and is in custody since 17.06.2022.

The allegation against the petitioner is to damage public properties like bus, train by putting on fire and also to assault police personnels on duty while making protest against "Agniveer Scheme" launched by Indian Army, along with 1500-2000 unknown persons.

Learned counsel appearing on behalf of the petitioner submitted that allegation against the petitioner is very much general and omnibus without specifying any overt act towards occurrence. It is further submitted that merely on the basis of

7/9 CCTV footage, as petitioner found roaming in the area being the resident of the localities, without having any connecting evidence implicated in present case. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is 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 against the petitioner is appearing very much general and omnibus 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 G.R.P. Danapur (Patna) P.S. Case No. 100 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 A.D.J.-XVI, Patna/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(In Cr. Misc. No. 72714 of 2022) Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

8/9 Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with G.R.P. Danapur (Patna) P.S. Case No. 100 of 2022 registered for the offence under Sections 147, 148, 149, 307, 323, 337, 338, 341, 353, 427, 435, 436, 504, 506, 120(B) of I.P.C. and u/s 145, 146, 147, 150, 151, 153, 154, 174 of Railway Act. The accused/petitioner is not named in the F.I.R. and is in custody since 26.06.2022.

The allegation against the petitioner is to damage public properties like bus, train by putting on fire and also to assault police personnels on duty while making protest against "Agniveer Scheme" launched by Indian Army, along with 1500-2000 unknown persons.

Learned counsel appearing on behalf of the petitioner submitted that allegation against the petitioner is very much general and omnibus without specifying any overt act towards occurrence. It is further submitted that merely on the basis of CCTV footage, as petitioner found roaming in the area being the resident of the localities, without having any connecting evidence implicated in present case. While concluding the argument, it has been submitted that petitioner is a man of clean

9/9 antecedent and moreover, investigation of this case is 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 against the petitioner is appearing very much general and omnibus 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 G.R.P. Danapur (Patna) P.S. Case No. 100 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 A.D.J.-XVI, Patna/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

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