Tuntun Kumar @ Tantan Kumar vs The State Of Bihar
2021 Latest Caselaw 3995 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                   CRIMINAL MISCELLANEOUS No. 6569 of 2021
       Arising Out of PS. Case No.-113 Year-2020 Thana- KATIHAR MUFFASIL District- Katihar
      ======================================================

1. Tuntun Kumar @ Tantan Kumar, aged about 20 years, Gender-Male, Son of Birendra Singh.

2. Bharat Singh, aged about 30 years, Gender-Male.

3. Bablu Kumar, aged about 20 years, Gender-Male.

Both sons of Sitaram Singh.

4. Pramod Kumar, aged about 21 years, Gender-Male, Son of Umesh Singh.

All residents of village- Udama Rekha, PS- Muffasil, District- Katihar.

... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimal Kumar, Advocate For the State : 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 (hereinafter referred to as the 'APP') for the

State.

4. The petitioners apprehend arrest in connection with

Muffasil PS Case No. 113 of 2020 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.6569 of 2021 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

police.

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. 2902 of

2021. Further, it was submitted that the petitioners have no other

criminal antecedent.

Patna High Court CR. MISC. No.6569 of 2021 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

the petitioners.

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. 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 Patna High Court CR. MISC. No.6569 of 2021 dt.06-08-2021

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 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

petitioners.

11. The petition stands disposed of in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T