Sachin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75283 of 2022 Arising Out of PS. Case No.-456 Year-2022 Thana- BETTIAH CITY District- West Champaran ====================================================== Sachin Kumar S/O Adya Yadav @ Adeya Yadav R/O Village- Chaumukha, P.S- Yogapatti, District- West Champaran ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

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

Mr. Choubey Jawahar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 04-03-2023 Heard Mr. Arvind Kumar, learned Counsel appearing on behalf of the petitioner and Mr. Choubey Jawahar, learned A.P.P. appearing on behalf of the State.

2. Petitioners who are in custody since 20.06.2022 seek regular bail in connection with Bettiah(T), P.S. Case No. 456 of 2022, registered for offence punishable under Sections 143, 147, 148, 149, 341, 323, 353, 332, 333, 338, 435, 307, 427, 504, 120(B), 395, 412 of the Indian Penal Code, Section 27 Arms Act and Section 3 / 4 of the Prevention of Damage to Public Property Act.

3. The prosecution case in brief is that 500-700 demonstrators variously armed with weapons started damaging and burning the engine of the train as well as private vehicle and they started pelting stones and attempt to burn the government

Patna High Court CR. MISC. No.75283 of 2022(2) dt.04-03-2023 2/3 vehicles in retaliation of implementation in opposition of a government scheme for Agniveer and Agnipath.

4. Learned Counsel appearing on behalf of the petitioner submitted that petitioner is not named in the F.I.R. and there is no direct allegation of assault has been levelled against the the petitioner. The petitioner is in custody since 20.06.2022. He further submitted that similarly situated co-accused have already been released on bail by a co-ordinate Bench of this Court on 30.11.2022 passed in Cr. Miscellaneous No. 55032 of 2022.

5. Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer of grant to the petitioner.

6. Considering the nature of allegation made in the F.I.R. the petitioner is not named in the F.I.R. there is general and omnibus allegation against the petitioner, prima facie the petitioner has made out a case to be released on bail.

7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah (T) P.S Case No. 456 of 2022, subject to the following conditions:-

Patna High Court CR. MISC. No.75283 of 2022(2) dt.04-03-2023 3/3

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Purnendu Singh, J) nilmani/manish U