Petitioners released on bail after being arrested under Sections 147, 148, 149, 341, 323, 307, 337, 338, 353, 332, 333, 285, 190 and 504IPC: High court of Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 376920 Arising Out of PS. Case No. 3 Year 2020 Thana NARDIGANJ District Nawada Bikram Kumar age 23 years Gender Male Son of Pokhraj Yadav Resident of Village Dariyapur PS Nardiganj District Nawada Indradeo Mahto age 61 years Gender Male Son of Somar Yadav Resdent of Village Abdalpur Parariya PS Nardiganj District Nawada The State of Bihar ... Petitioner s For the Petitioner s For the State Mr. Bhavesh Advocate Mr. Jharkhandi Upadhyay APP CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ... Opposite Party s ORAL JUDGMENT Date : 30 07 2021 The matter has been heard via video conferencing. 2. Heard Mr. Bhavesh learned counsel for the petitioners and Mr. Jharkhandi Upadhyay learned Additional Public Prosecutor for the 3. The petitioners apprehend arrest in connection with Nardiganj PS Case No. 020 dated 02.01.2020 instituted under Sections 147 148 149 341 323 307 337 338 353 332 333 285 190 and 504 of the Indian Penal Code 4. The allegation against the petitioners along with 14 other named and 100 115 unknown persons is that they were part of a mob which attacked the police party while protesting the Patna High Court CR. MISC. No.376920 dt.30 07 2021 death of the driver of a pick up van belonging to Praduman Sah who had been assaulted by the locals on apprehension that he was committing theft of paddy at Hatia and during the course of treatment had died 5. Learned counsel for the petitioners submitted that they have been falsely implicated and even if they were part of the mob they were only there in view of there being protest made by persons with the dead body of the driver. Learned counsel submitted that though it has been stated that the Chowkidar has identified the petitioners it has not been stated with regard to any specific overt act and the same is general and omnibus that the mob had attacked the police personnel with brickbats bamboo sticks and tyre due to which two police personnel were injured. It was submitted that the petitioner no. 1 is a student and petitioner no. 2 is a farmer and had reached the spot upon seeing the mob and have been wrongly accused in the case and further that they have no other criminal antecedent 6. Learned APP submitted that the petitioners have been named in the FIR and also identified in the CCTV footage However it was not controverted that in the FIR no specific overt act has been alleged against them and the allegations are all general and omnibus in nature against all the accused Patna High Court CR. MISC. No.376920 dt.30 07 2021 7. 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 each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class Nawada in Nardiganj PS Case No. 03 of 2020 subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure 1973 and further that 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 (iii that the petitioners shall also give an undertaking to the Court that they shall not indulge in any 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 Patna High Court CR. MISC. No.376920 dt.30 07 2021 8. 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 9. The petition stands disposed off in the aforementioned (Ahsanuddin Amanullah J

Summary: The petitioners were arrested under Sections147 of the Indian Penal Code, “Punishment for rioting”, section148, “Rioting, armed with a 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”, section 307, “Attempt to murder” and sections 337, 338, 353, 332, 333, 285, 190 and 504 of the Indian Penal Code. This is in connection with Nardiganj PS Case No. 03 of 2020 dated 02.01.2020. This Judgment was given in the high court of Judicature at Patna on the 30th of July 2021, by the Honorable Mr. Justice Ahsanuddin Amanullah in the case of Bikram Kumar versus the state of Bihar criminal miscellaneous No. 37699 of 2020, Mr. Bhavesh represented as the advocate for the petitioner and Mr. Upadhyaya represented the state of Bihar as the additional public prosecutor, the proceedings of the court were held through video conference.   The petitioners along with 14 others named and 100-115 unknown persons were accused of being a part of a mob. A driver of a pick van was assaulted by the locals as they accused him of committing theft of paddy at Hatia and during the course of his treatment for the injuries he died and because this incident, the mob was protesting the death of the driver and attacked the police while they were protesting. The counsel for the petitioners held that the accusation has been falsely implicated, the petitioners were a part of a mob and they were peacefully protesting with the dead body of the driver. The counsel submitted that it was recorded that the mob had attacked the police with brickbats, bamboo sticks, and tyres which resulted in injuries. Here however petitioner no.1 (Student) and petitioner no.2 (Farmer) reached the spot only upon seeing the mob and had no connection with the incident and has been wrongly accused and he further conceded that they have no criminal antecedent. The additional public prosecutor held that even though the petitioners have been mentioned in the FIR and have been identified in the CCTV footage. There was no allegation of a specific overt act and all the allegations were general and omnibus in nature against the accused. After considering the facts and circumstances of the case the court held that the petitioners will be released on bail upon furnishing bail bonds of Rs. 25,000 each with two sureties to the satisfaction of the  Judicial Magistrate, 1st Class, Nawada in connection with the Nardiganj PS Case No. 03 of 2020, under conditions laid down in Section 438(2) Cr.P.C., 1973 “(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 behaviour 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.”