The petitioners were released on bail after being arrested under sections 188, 269, 323, 447, 307, 353, and 504/34IPC: High court of Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 65621 Arising Out of PS. Case No. 113 Year 2020 Thana KATIHAR MUFFASIL District Katihar Tuntun Kumar @ Tantan Kumar aged about 20 years Gender Male Son of Birendra Singh. Bharat Singh aged about 30 years Gender Male. Bablu Kumar aged about 20 years Gender Male Both sons of Sitaram Singh. Pramod Kumar aged about 21 years Gender Male Son of Umesh Singh All residents of village Udama Rekha PS Muffasil District Katihar The State of Bihar ... Petitioner s ... Opposite Party s For the Petitioner s For the State Mr. Bimal Kumar Advocate Mr. Sanjay Kumar Sharma APP CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 06 08 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 petitioners on 02.08.2021 which was allowed 3. Heard Mr. Bimal Kumar learned counsel for the petitioners and Mr. Sanjay Kumar Sharma learned Additional Public Prosecutor for the 4. The petitioners apprehend arrest in connection with Muffasil PS Case No. 1120 dated 01.05.2020 instituted under Sections 188 269 323 447 307 353 and 504 34 of the Indian Penal Code Patna High Court CR. MISC. No.65621 dt.06 08 2021 5. As per the FIR when the informant who is a constable caught some boys from assembling at a place and smoking cigarette during the lock down period he was assaulted by brick which injured him and two persons were arrested and the motorcycle was also detained and then it is alleged that about 10 to 15 villagers including the petitioners came and forcibly freed and took away the arrested two persons from the custody of the 6. Learned counsel for the petitioners submitted that the petitioners have been made accused without any justification as they had no role in the occurrence. Moreover it was submitted that the identification of the police has also not been disclosed and the only allegation against them along with others is that they have managed to take away the two arrested boys who were caught by the police and no overt act has been alleged against them. It was submitted that Vijay Kumar @ Vinay Kumar who was detained and had named Vijendra Kumar as one of the persons who was along with him have been granted anticipatory bail by order dated 27.07.2021 passed in Cr. Misc. No. 29021. Further it was submitted that the petitioners have no other Patna High Court CR. MISC. No.65621 dt.06 08 2021 7. Learned APP submitted that the petitioners had got two accused who were arrested by the police released forcibly and clearly are guilty of such offence 8. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties in view of the allegation being only that the petitioners along with many others had come and had taken away the two arrested persons without there being any allegation of any assault or overt act or causing any damage to either any person or property as also the fact that they have no criminal antecedent and one of the boys who was arrested as also his accomplice have been granted anticipatory bail the Court is inclined to grant pre arrest bail to 9. Accordingly 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 twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class Katihar in Muffasil PS Case No. 1120 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 Patna High Court CR. MISC. No.65621 dt.06 08 2021 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 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 10. 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 11. The petition stands disposed of in the (Ahsanuddin Amanullah J

Summary: The petitioners were arrested under section 188 IPC, “Disobedience to order duly promulgated by a public servant”, section  269, “Negligent act likely to spread infection of disease danger­ous to life”, section 323, “Punishment for voluntarily causing hurt”, section 447, “Punishment for criminal trespass”,  and sections 307, 353 and 504/34 of the Indian Penal Code. In connection with Muffasil PS Case No. 113 of 2020 dated 01.05.2020. This judgment was given in the high court of Judicature at Patna by honorable Mr. Justice Ahsanuddin Amanullah on the 6th of August 2021 in the case of Tuntun Kuma and others versus the state of Bihar criminal miscellaneous No. 6569 of 2021, Mr. Bimal Kumar Represented as the advocate for the petitioner, Mr. Sanjay Kumar represented the state of Bihar as the additional Public Prosecutor, the proceedings of the court were held via video conference. The following are the facts of the case, according to the FIR, the informant is a constable got hold of some boys because they were assembling during the lock-down period and smoking cigarettes, and as the result, the boys assaulted the constable with a brick and injured him, two persons were arrested for the same, their motorcycle was detained there has been allegations that 10- 15 villagers which included the petitioners, they freed the arrested illegally and took them away from the custody of the police. The counsel for the petitioners held that the petitioners who have been accused are falsely implicated as there is no justification for the same and they had no role in the incident. Even the name of the police has not been disclosed the petitioners were merely accused of the allegation of taking the arrested boys along with the other villagers and no overt act has been made. One of the arrested boys has been given anticipatory bail order dated 27.07.2021 passed in Cr. Misc. No. 2902 of 2021. Further, the counsel held that the petitioners have no other criminal antecedent. The additional public prosecutor held that the petitioners were a party to help the accused escape from custody of the police illegally and are guilty of the offense. After considering the facts and circumstances of the case and submissions, the court held that the petitioners will be released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty-five thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, in connection with PS Case No. 113 of 2020, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 and further, “(i) that one of the bailors shall be a close relative of the petitioners, (ii) that the petitioners and the bailors shall execute bond concerning 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.”