IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40664 of 2009 RATNESH KUMAR SINGH @ RATNESH KUMAR, S/o Nagendra Singh, R/o Village – Bindgawa, P.S. Barhara, Distt. Bhojpur …….Petitioner Versus STATE OF BIHAR ……….. Opposite Party. with Cr.Misc. No.40869 of 2009 1. RAJU KUMAR, S/o Sri Vijay Kumar, R/o Village – Dahaul, P.S. – Hilsa, Distt. Nalanda, 2. Navin Kumar, S/o Sri Gopal Sharma, R/o Village – Paipura (Kala), P.S. – Paliganj, Distt. Patna, 3. Satish Kumar, son of Subash Chandra Sah, R/o Village – Hazur Nagar, P.S. Pirpainti, Distt. Bhagalpur ……. Petitioners Versus STATE OF BIHAR ……. Opposite Party. with Cr.Misc. No.40951 of 2009 MD. FAIJUDDIN @ CHAND, S/o Md. Zeyauddin, R/o Bihta (Jasjid Gali), P.S. Bihta, Distt. Patna … Petitioner Versus STATE OF BIHAR …….. Opposite Party with Cr.Misc. No.40966 of 2009 1. RISHIKESH KUMAR, S/o Vijay Prasad Akela, R/o Chakchechoul, P.O. & P.S. – Naubatpur, Distt. – Patna, 2. Sudama Prasad, S/o Radhey Shayam Prasad, R/o Chaturbhuj Barab, P.S. – Piro, Distt. – Bhojpur, 3. Raj Kumar, S/o Sri Chandeshwar, R/o Kulharia, P.S. Koilwar, Distt. – Bhojpur, 4. Deepak Kumar Roy @ Deepak Kumar, S/o Mahendra Rai, R/o Kulharia, P.S. Koilwar, Distt. Bhojpur, 5. Shashi Kumar @ Shashikant Kumar, S/o Rajendra Prasad, R/o Kulharia, P.S. Koilwar, Distt. Bhojpur, 6. Ravi Shankar Yadav, S/o Ramadhar Yadav, R/o Kuber Chak, Dhanadih, P.S. Koilwar, Distt. Bhojpur, 7. Kundan Kumar Rajak @ Kundan Kumar, S/o Om Prakash Rajak, R/o Purainia, P.O. Purainia, P.S. Kigri, Distt. Arwal, 8. Manish Kumar, S/o Kishori Singh, R/o Baruni, P.S. Bagmagol, Distt. Buxar, 9. Rohit Kumar, son of Shyam Nath Singh, R/o Deoluki, P.S. Bihta, Distt. Patna ……. Petitioners Versus STATE OF BIHAR ………. Opposite Party. with Cr.Misc. No.41788 of 2009 UDAY SHANKAR, S/o Arun Kumar, R/o Village – Langarpur, P.S. Barh, Distt. Patna ……Petitioner Versus STATE OF BIHAR ………. Opposite Party with Cr.Misc. No.41928 of 2009 1. JAI SHANKAR KUMAR NARAYANAM @ JAI SHANKAR KUMAR, S/o Ashok Kumar Narayanam, R/o Village + P.O. + P.S. Udwantnagar, Distt. - Bhojpur, and 2 2. Vishwa Prakash, S/o Rajendra Prasad, R/o Village + P.O. – Dhamar, P.S. – Ara Mufassil, Distt. – Bhojpur ……… Petitioners Versus STATE OF BIHAR ………. Opposite Party with Cr. Misc. No. 38628 of 2009 ABHISHEKH KUMAR, S/o Sri Suresh Prasad, R/o Village – Bihta, P.O. – Bihta, P.S. Bihta, Distt. – Patna ………. Petitioner Versus THE STATE OF BIHAR ……. Opposite Party. with Cr.Misc. No.38656 of 2009 GUDDU SINGH, S/o Shri Kameshwar Singh, R/o Village – Bishanpura, P.S. Bihta, Distt. Patna…… Petitioner Versus STATE OF BIHAR………….. Opposite Party with Cr.Misc. No.38664 of 2009 1. GOPAL KUMAR & 2. Baliram Kumar, both sons of Suresh Prasad @ Suresh Sharma, R/o Mohalla – Punai Chak, P.S. + P.O.- Lalbahadur Sastri Nagar, Distt. Patna ….. Petitioners Versus STATE OF BIHAR ……….. Opposite Party. with Cr.Misc. No.38783 of 2009 SHARWAN KUMAR, S/o Vijay Pandey, R/o Village – Saidichak, P.S. – Sakurabad, Distt. – Jehanabad ……….. Petitioner Versus STATE OF BIHAR ……… Opposite Party. with Cr.Misc. No.39851 of 2009 MD. SABIR, S/o Md. Moin @ Moinuddin, R/o Shivshakti Nagar, P.S. – Bihta, Distt. – Patna ……. Petitioner Versus THE STATE OF BIHAR…………. Opposite Party. ----------- For the Petitioners:- Mr. Jay Kumar, Advocate (In Cr. Misc. no.40664/00) Mr. Krishna Prasad Singh, Senior Advocate (In Cr. Misc. Nos. 40869, 41788 and 38783 all of 2009) Mr. Vikramdeo Singh, Advocate ( In Cr.Misc. No. 40951/09) Mr. Pushkar Narain Shahi, Advocate (In Cr. Misc. No.40966/09 and 41928/09) Mr. Shekhar Kumar Singh, Advocate (In Cr. Misc. No. 38628/09) Mr. Ranjeet Kumar Singh-II, Advocate (In Cr. Misc. No.38656/09) Mr. Sunil Kumar Pathak, Advocate (In Cr. Misc. No.38664/09) Mr. Md. Kamaluddin, Advocate (In Cr. Misc. No.39851/09) For the State : Mr. R.P.S. Singh, A.P.P. (In all cases) ----------- 3 2. 27.11.2009. Since all the aforesaid applications arise out of the same police case, i.e. Danapur Rail P.S. Case No. 26/09, they are being heard together and are being disposed of by this common order. Heard learned counsels for the petitioners and learned A.P.P. appearing on behalf of the State. Petitioners are accused in a case registered under Sections 147, 148, 149, 341, 328, 504, 332, 109, 307, 353, 435, 427, 337, 338 of the Indian Penal Code and Sections 147 and 157 of the Railway Act. A First Informant Report was lodged by Sri Mukesh Kumar, Dy. Station Manager, Bihta Railway Station alleging that on 18.08.2009 when Shramjeevi Express came on the loop line of Bihta Station at 8.50 hours, only a few minutes of its departure, it was again stopped there. The driver of the train informed that many students have started brick batting the A.C. Coaches of the train. It was then informed to the R.P.F. and G.R.P., Bihta and information was also given to the Controller, Danapur regarding the incident. Due to brick batting, many persons were injured and subsequently A.C. Coaches were set on fire by those students. Four 4 A.C. Coaches were completely destroyed by fire. It is submitted on behalf of the petitioners that though brick batting was done by the mob of hundreds of persons; however, it appears that thereafter anti social elements intruded into the scene and some bogeys of the train were set on fire by them. All the petitioners are said to be the students of Patliputra Technical Institute, Bihta. It is submitted that the police on the informations gathered from other persons have made the petitioners accused in this case after seeing the Register of the concerned Institute. Except the fact that certain persons allegedly have named these petitioners, there is no other material against them. All the petitioners have surrendered in the month of September, 2009 on different dates. It is stated that there are no criminal antecedents of these petitioners as they are students of the aforesaid Institute and there is general and omnibus allegation against the mob and due to mob frenzy, the incident had occurred. Learned counsel for the State submitted that the petitioners have been named in the confessional statement of one co-accused, Mahendra Kumar Yadav. 5 Having regard to the facts and circumstances of these cases, let the petitioners of all these eleven bail applications, be released on bail on their furnishing bonds in the sum of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Railway Judicial Magistrate, Patna in connection with Danapur Rail P.S. Case No. 26/09, G.R. No. 391 of 2009, subject to the conditions that one of the bailors of each of the petitioners must be one of their parents and, in case the parents are not alive, the bailors must be the family members or close relatives of the petitioners and in this regard the bailors must swear affidavits before the court concerned giving complete genealogy showing as to how they are related to the petitioners. It is further directed that if the petitioners, after their release in this case, involve themselves in any criminal case of similar nature, the court concerned shall be at liberty to take steps for cancellation of their bail bonds. dk ( Dr. Ravi Ranjan, J. )