Chhotu Kumar @ Abhiraj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 71377 of 2022 Arising Out of PS. Case No.-460 Year-2022 Thana- BETTIAH CITY District- West Champaran ====================================================== CHHOTU KUMAR @ ABHIRAJ Son of Mukesh Singh @ Mukesh Kumar Singh Resident of Kapoor Pakdi, Ward No.-13, P.S.- Dhaka, District- East Champaran ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 73092 of 2022 Arising Out of PS. Case No.-460 Year-2022 Thana- BETTIAH CITY District- West Champaran ====================================================== NAVNEET KUMAR @ NAVNEET KUMAR BHATT S/o Ravibhushan Sharma @ Ravi Bhushan Sharma R/o- Dudha Mathiya, P.S.- Majhauliya, District- West Champaran ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 74172 of 2022 Arising Out of PS. Case No.-460 Year-2022 Thana- BETTIAH CITY District- West Champaran ====================================================== VIKASH KUMAR Son of Ambika Patel @ Ambika Chaudhary Resident of Bagaha, P.S.- Laukariya, District - West Champaran. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 71377 of 2022) For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Syed Mojibur Rahman (In CRIMINAL MISCELLANEOUS No. 73092 of 2022) For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Murli Dhar

2/6 (In CRIMINAL MISCELLANEOUS No. 74172 of 2022) For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 02-03-2023 Cr. Misc. No. 71377 of 2022 is listed for hearing out of turn on account of mentioning that the case arises out of Agniveer agitation and the petitioner is to appear in the examination for the post of Constable (Cook) scheduled on 02.03.2023. The other cases are listed along with Cr. Misc. No. 71377 of 2022 as analogous cases as they arise out of same P. S. Case.

Heard Ld. counsel for the petitioners and Ld. APP for the State.

The petitioners seek bail in connection with Bettiah Town P. S. Case No. 460 of 2022, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 338, 395, 427, 435, 412, 120B, 504 and 506 of the Indian Penal Code.

The prosecution story as emerges from the FIR is that on information that the students of Bihar called strike in regard to protest on 17.06.2022 against the Central Government Scheme Agniveer, the informant in order to

3/6 pacify the situation arrested the petitioners and others as a member of mob.

Ld. counsel for the petitioners submits that the petitioner are innocent and have falsely been implicated in this case. He further submits that the petitioners were arrested during Agniveer movement. It is very difficult for the police to identify any person in the crowd and the name of the petitioners have been given only on the basis of suspicion. He further submits that investigation in this case is complete and charge-sheet has already been submitted. He further submits that the petitioners have been languishing in jail since 11.08.2022.

It has also been stated in paragraph no. 3 of the bail petition that the petitioners have earlier been made accused in four other cases.

It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one. However, Ld. APP for the State vehemently opposes the prayer of the petitioners for bail.

4/6 Considering the aforesaid facts and circumstances, this application is allowed, directing the petitioners, above-named, to be enlarged on bail on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Ld. Chief Judicial Magistrate, West Champaran at Bettiah, in connection with Bettiah Town P. S. Case No. 460 of 2022 on the following conditions:

(i) The petitioners will make themselves available for interrogation by a police officer/court as and when required.

(ii) The petitioners will undertake that investigation/trial will not get hampered on account of their absence or non-cooperation. They must be available to the police or the court whenever their presence is required. (iii) The petitioners shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.

5/6 (iv) In case, it is brought to the notice of the court below that the petitioners have criminal antecedents other than the disclosed one, Ld. court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same. (v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioners.

It is made clear that in case the ground of out of turn hearing as mentioned by Ld. Counsel for the petitioner is found to be false by the court below on information provided by the informant and the court below getting satisfied that the ground mentioned for out of turn hearing is false, the court below shall cancel the bail-bonds of the petitioner.

Ld. counsel for the petitioners is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the

6/6 certified copy of this order only after removal of office objections.

(Jitendra Kumar, J) skm/- U T