Petitioners  released on bail after being arrested under Sections 147, 148, 149, 341, 323, 333, 337, 324, 307, 353, 188 IPC.: High court of Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.408720 Arising Out of PS. Case No. 332 Year 2020 Thana BAJPATTI District Sitamarhi 1. Vinay Mahto Male aged about 20 years son of Jagdish Mahto Bhushan Kumar Male aged about 19 years son of Pagla Thakur @ Umesh Thakur @ Umesh Sharma 3. Govind Kumar Male aged about 19 years son of Shivcharan Paswan 4. Mithu Kumar Male aged about 21 years son of Ramchandra Sah Babloo Chaudhary Male aged about 32 years son of Nage Chaudhary All resident of village Muraul PS Bajpatti District Sitamarhi. Chhathu Mahto @ Chhato Bhagat Male aged about 70 yearsson of late Ram Saran Bhagat resident of Village PaharpurP.S Bajpatti District Sitamarhi ... Petitioner s The State of Bihar For the Petitioner s For the State Ms. Madhubala Verma Advocate Mr. Navin Kumar Pandey APP CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ... Opposite Party s Date : 16 07 2021 The matter has been heard via video conferencing. 2. The case has been taken up out of turn on the basis of motion slip filed by learned counsel for the petitioner on 13.07.2021 which was allowed 3. Heard Ms. Madhubala Verma learned counsel for the petitioners and Mr. Navin Kumar Pandey learned Additional Public Prosecutorfor the 4. The petitioners apprehend arrest in connection with Patna High Court CR. MISC. No.408720 dt.16 07 2021 Bajpatti PS Case No. 3320 dated 16.08.2020 instituted under Sections 147 148 149 341 323 333 337 324 307 353 188 of the Indian Penal Code 5. The allegation against the petitioners who are named along with 17 others and 100 150 unknown persons is that at the time of immersion of image of God Krishna they were quarreling amongst themselves and they had also organized the same in violation of the COVID 19 guidelines promulgated by the government and when the informant who is a Sub Inspector of Police arrived with force at the place and tried to restore peace and order the accused attacked the force by brick bats lathi danda and sword and prevented them from discharging their official duty which also resulted in injuries to the police personnel in which two accused persons were arrested at the spot. 6. Learned counsel for the petitioners submitted that they have been falsely implicated as they were not doing any overt act and has been named with ulterior motive by the Chukidaar. It was submitted that even as per the FIR a large mob was there and the three police personnel who have been injured have received simple injury. It was submitted that the petitioners have no other criminal antecedent. Learned counsel Patna High Court CR. MISC. No.408720 dt.16 07 2021 submitted that co accused Ismail Nadaf @ Md. Ismail Md Anwarul @ Md. Anwar Md. Kashif @ Kashif Hussain and Md Mahboob @ Mahfooj Shafi have been granted anticipatory bail by a coordinate Bench by order dated 22.06.2021 passed in Cr Misc. No. 407220 7. Learned APP submitted that the petitioners have been identified by the Chaukidar and have been named in the 8. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties in the event of arrest or surrender before the Court below within six weeks from today the petitioners be released on bail upon furnishing bail bonds of Rs. 25 000 of the Code of Criminal Procedure 1973 and furtherthat one of the bailors shall be a close relative of the petitioners that the petitioners and the bailors shall execute bond with regard to good behaviour of the petitioners and that the petitioners shall also give an undertaking to the Court that they shall not indulge in any Patna High Court CR. MISC. No.408720 dt.16 07 2021 illegal criminal activity act in violation of any law statutory provisions tamper with the evidence or influence the witnesses Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of their bail bonds. The petitioners shall cooperate in the case and be present before the Court on each and every date. Failure to cooperate or being absent on two consecutive dates without sufficient cause shall also lead to cancellation of their bail bonds 9. It shall also be open for the prosecution to bring any violation of the foregoing conditions of bail by the petitioners to the notice of the Court concerned which shall take immediate action on the same after giving opportunity of hearing to the petitioners 10. The petition stands disposed off in the (Ahsanuddin Amanullah J J. Alam 

Summary: The petitioner was arrested under Section 147 IPC, “Punishment for rioting”, section 148, “Rioting, armed with deadly weapon” section 149, “Every member of unlawful assembly guilty of offense commit­ted in the prosecution of a common object”, section 341, “Punishment for wrongful restraint”, section 323, “Punishment for voluntarily causing hurt” and sections 333, 337, 324, 307, 353, 188 IPC.  This is in connection with the Bajpatti PS Case No. 332 of 2020 dated 16.08.2020. This Judgment was given in the high court of Judicature at Patna on the 16th of July 2021 in the case of Vinay Maahto and other v/s the state of Bihar criminal miscellaneous No.40871 of 2020 by Honourable Mr. Justice Ahsanuddin Amanullah, Ms. Madhubala Verma represented as the advocate for the petitioner and Mr. Navin Kumar represented as the additional public prosecutor for the state of Bihar the proceedings of the court were held through a video conference. The following are the facts of the case, the petitioners along with 17 others and 100-150 unknown persons were accused of quarreling among themselves at the time of immersion of the image of Krishna and they had organized this event in violation of the Covid-19 guidelines. The sub-inspector of police arrived at the place for restoration of peace and order and the petitioners prevented them from carrying out their duty by attacking the police with brick, bats, lathi, danda, and sword. According to the counsel for the petitioner he held that these allegations have been falsely implicated and the petitioners have been named with ulterior motive by the chukidaar and the FIR clearly states that the police received a simple injury in the midst of the mob and police personnel, the petitioner has no criminal antecedent, the counsel also submitted that the co-accused all have been granted anticipatory bail by an order passed by the bench of this court on the 22nd June 2021 Cr. Misc. No. 40722 of 2020The additional public prosecutor held that the petitioners have been identified by the chaukidar who have been named in the FIR The court held that after considered the facts and circumstances of the case the petitioners will be released on bail upon furnishing bail bonds of Rs. 25,000 each with two sureties of the like amount each to Sub Divisional Judicial Magistrate subject to the conditions laid down in Section 438(2) Cr.P.C. “(i) that one of the bailors shall be a close relative of the petitioners, (ii) that the petitioners and the bailors shall execute bond with regard to the good behavior of the petitioners, and (iii) that the petitioners shall also give an undertaking to the Court that they shall not indulge in any illegal/criminal activity.”