Shubham Kumar v. The State of Bihar

Arising Out of PS. Case No.-23 Year-2022 Thana- MOTIHARI RAIL P.S. District- West Champaran ====================================================== Vikky Kumar Son of Arun Patel R/o Gopalpur, P.S.- Motihari, Town And Distt.- East Champaran Patna High Court CR. MISC. No.63438 of 2022(2) dt.25-01-2023 The State of Bihar BIHAR Versus ... ... Petitioner/s ====================================================== CRIMINAL MISCELLANEOUS No. 62120 of 2022 ... ... Opposite Party/s Arising Out of PS. Case No.-23 Year-2022 Thana- MOTIHARI RAIL P.S. District- West Champaran ====================================================== Niraj Kumar S/o Ramanand Thakur Resident of Prem Nagar, P.S.- Runni Saidpur, District- Sitamarhi. The State of Bihar Versus ... ... Petitioner/s ====================================================== CRIMINAL MISCELLANEOUS No. 62142 of 2022 ... ... Opposite Party/s Arising Out of PS. Case No.-23 Year-2022 Thana- MOTIHARI RAIL P.S. District- West Champaran ======================================================

1. Ajay Kumar Son of Suresh Sahni @ Suraj Sahni R/v- Tikuliya, P.S.- Chakiya, District- East Champaran

2. Jitendra Kumar Son of Punyadeo Paswan R/v- Tikuliya, P.S.- Chakiya, District- East Champaran The State of Bihar Versus ... ... Petitioner/s ====================================================== CRIMINAL MISCELLANEOUS No. 62967 of 2022 ... ... Opposite Party/s Arising Out of PS. Case No.-23 Year-2022 Thana- MOTIHARI RAIL P.S. District- West Champaran ====================================================== Sabi Kumar @ Savi Kumar Son of Vipin Sahani Resident of Lakhaura Ajgarwa, P.S.- Banjariya, District - East Champaran. The State of Bihar Versus ... ... Petitioner/s ... ... Opposite Party/s Patna High Court CR. MISC. No.63438 of 2022(2) dt.25-01-2023 ====================================================== CRIMINAL MISCELLANEOUS No. 63624 of 2022 Arising Out of PS. Case No.-23 Year-2022 Thana- MOTIHARI RAIL P.S. District- West Champaran ====================================================== Rajnish Kumar S/o Ramjiwan Mahto R/v- Belsandi Tara, P.S.- Bihutipur, District- Samastipur The State of Bihar Patna Versus ... ... Petitioner/s ====================================================== CRIMINAL MISCELLANEOUS No. 63911 of 2022 ... ... Opposite Party/s Arising Out of PS. Case No.-23 Year-2022 Thana- MOTIHARI RAIL P.S. District- West Champaran ====================================================== Naveen Kumar Son of Devendra Prasad Srivastava Resident of Village - Inarwa Fulwar, P.S. - Lakhaura, District - East Champaran. The State of Bihar Versus ... ... Petitioner/s ====================================================== CRIMINAL MISCELLANEOUS No. 64619 of 2022 ... ... Opposite Party/s Arising Out of PS. Case No.-23 Year-2022 Thana- MOTIHARI RAIL P.S. District- West Champaran ====================================================== Satendra Singh @ Satyendra Singh Son of Sivsankar Singh R/o Vill.- Patkhauliya Sirsamal, P.S.- Muffasil Thana, Distt.- East Champaran The State of Bihar Versus ... ... Petitioner/s ====================================================== CRIMINAL MISCELLANEOUS No. 72690 of 2022 ... ... Opposite Party/s Arising Out of PS. Case No.-23 Year-2022 Thana- MOTIHARI RAIL P.S. District- West Champaran ====================================================== Kundan Kumar S/o Ram Pravesh Ray R/O Mahamad, P.S- Motipur, District- Muzaffarpur Patna High Court CR. MISC. No.63438 of 2022(2) dt.25-01-2023 The State of Bihar Versus ... ... Petitioner/s ====================================================== CRIMINAL MISCELLANEOUS No. 1371 of 2023 ... ... Opposite Party/s Arising Out of PS. Case No.-23 Year-2022 Thana- MOTIHARI RAIL P.S. District- West Champaran ====================================================== Abhay Kumar S/o Vishnudeo Ram Resident of village- Bairiya, P.S.- Kesariya, District- East Champaran. The State of Bihar Versus ... ... Petitioner/s ... ... Opposite Party/s Mr. Digvijay Kumar Ojha Mr. Dinesh Singh ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 63438 of 2022) Mr. Sunil Kumar No.III For the Petitioner/s : For the Opposite Party/s : Mr. Narendra Kumar Singh (In CRIMINAL MISCELLANEOUS No. 60045 of 2022) Mr. Sanjeev Kumar For the Petitioner/s : For the Opposite Party/s : Mr. Rajendra Prasad Nat (In CRIMINAL MISCELLANEOUS No. 61167 of 2022) : For the Petitioner/s For the Opposite Party/s : (In CRIMINAL MISCELLANEOUS No. 62107 of 2022) For the Petitioner/s : Mr. Ganesh Prasad Yadav Mr. Rana Randhir Singh For the Opposite Party/s : (In CRIMINAL MISCELLANEOUS No. 62120 of 2022) For the Petitioner/s : For the Opposite Party/s : (In CRIMINAL MISCELLANEOUS No. 62142 of 2022) For the Petitioner/s : For the Opposite Party/s : (In CRIMINAL MISCELLANEOUS No. 62967 of 2022) : For the Petitioner/s For the Opposite Party/s : (In CRIMINAL MISCELLANEOUS No. 63624 of 2022) For the Petitioner/s : For the Opposite Party/s : (In CRIMINAL MISCELLANEOUS No. 63911 of 2022) For the Petitioner/s : For the Opposite Party/s : (In CRIMINAL MISCELLANEOUS No. 64619 of 2022) For the Petitioner/s : For the Opposite Party/s : (In CRIMINAL MISCELLANEOUS No. 72690 of 2022) For the Petitioner/s Mr. Uma Shankar Prasad Singh Mr. Syed Mojibur Rahman Mr. Anuj Kumar Mr. Chandra Sen Prasad Singh Mr. Anuj Kumar Mr. Narendra Kumar Singh Mr. Anil Kumar Mr. Mithlesh Kumar Khare Mr. Shashi Kumar Sharma Mr. Kalyan Shankar Mr. Anuj Kumar Mr. Umesh Lal Verma Mr. Ganesh Prasad Yadav : Patna High Court CR. MISC. No.63438 of 2022(2) dt.25-01-2023 Mr. Umesh Lal Verma For the Opposite Party/s : (In CRIMINAL MISCELLANEOUS No. 1371 of 2023) For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR Mr. Kunal Tiwary Mr. Ramchandra Sahni ORAL ORDER 2 25-01-2023 Cr. Misc No. 63438 of 2022 is listed for hearing out of turn on account of mentioning that the petitioner is a student of intermediate and his annual examination is scheduled to commence from 1st Feb, 2023. The connected cases are listed for hearing out of turn on account of the fact that the these cases also arise out of the same P.S. Case i.e Motihai Rail P.S. Case No. 23 of 2022. Heard Ld. counsel for the petitioners and Ld. APP for the State. The petitioners seek bail in connection with Motihai Rail P.S. Case No. 23 of 2022, registered for the offences punishable under Sections 147, 148, 149, 353, 337, 338, 427, 307 of the Indian Penal Code and Section 153, 174(a) of the Indian Railways Act. The prosecution case as emerges from the FIR is that on getting information that students have called strike for protesting against the Central Government Agniveer Patna High Court CR. MISC. No.63438 of 2022(2) dt.25-01-2023 Scheme, the informant arrested the petitioners for being part of the mob, for obstructing the way of trains and also for damaging railway property, in order to maintain law and order. Ld. counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. He further submits that nothing has been recovered from the conscious possession of the petitioners. He also submits that the allegation against the petitioners is general and omnibus in nature. In fact, the FIR has been lodged against 1500 unknown persons and not specifically against these petitioners. He also submits that the 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 16.07.2022. It has also been stated in paragraph no. 3 of the bail petition that the petitioners, have earlier been made accused in two other cases each. It is also stated in paragraph no. 2 of the bail Patna High Court CR. MISC. No.63438 of 2022(2) dt.25-01-2023 petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the present matter. However, Ld. APP for the State vehemently opposes the prayer of the petitioners for bail. Considering the aforesaid facts and circumstances, this petition 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. Railway Magistrate Narkatiyaganj at Bettiah, West Champaran in connection with Motihari Rail P.S. Case No. 23 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 hamper on account of their absence or non-cooperation. They must be available to the police or the court whenever their presence is required. Patna High Court CR. MISC. No.63438 of 2022(2) dt.25-01-2023 (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. (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 Patna High Court CR. MISC. No.63438 of 2022(2) dt.25-01-2023 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 certified copy of this order only after removal of office objections. chandan/- U T (Jitendra Kumar, J)