The Single Judge Bench of the Patna High Court, comprising Justice Rajesh Kumar Verma in the case of Akhilesh Pandey vs. The State of Bihar has granted bail to the five students accused for damaging government property by participating in RRB NTPC exam scam protest in Patna.
Background of the case
On 25.01.2022, the alleged crowd including the petitioners armed with weapons came at the Sitamarhi Railway Station in huge numbers and blocked the freight train (Malgadi) standing near Gumti No. 56. According to police officers and other Government officials, when they tried to convince the crowd to leave the railway track the crowd became violent and started throwing stones on them in which the Police Officers and engine of the train got damaged. It is further been alleged that the police while chasing the protesters had to fire 2-3 rounds to control the crowd and arrested 13 protesters including the petitioners.
Submission of the Petitioner
The learned counsel for the applicant has submitted that the petitioners have clean antecedents and they have been falsely implicated in the present case. In fact, the petitioners are named in the F.I.R. but there is no specific allegation of overt act against the petitioners and there is general and omnibus allegation against the petitioners.
Submission of the Respondent
The Learned Additional Advocate General for the respondents has opposed the prayer for bail of the petitioner.
Reasoning and Decision of the Court
The Court considered the facts of the case and granted bail to the applicants on the following conditions:
(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below.
(2) If the petitioners tamper with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.
(3) And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners.
Therefore, the Court allowed the bail application and directed the petitioners to furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Court.
Case Details
Case: - CR. MISC. No.13149 of 2022
Petitioner: - Akhilesh Pandey
Respondent: - The State of Bihar
Judge: Justice Rajesh Kumar Verma
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