Patna High Court
Shashi Kumar vs The State Of Bihar on 12 February, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31749 of 2020
Arising Out of PS. Case No.-312 Year-2019 Thana- GORAUL District- Vaishali
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1. Shashi Kumar, aged about 30 years, sex-Male, S/o Arun Sharma @ Binda
Sharma Resident of Village- Shahpur Gaush @ Manziya, P.S.- Goraul,
District- Vaishali.
2. Rubi Devi, aged about 25 years, Sex-Female, W/o Shashi Kumar Resident
of Village- Shahpur Gaush @ Manziya, P.S.- Goraul, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Vinod Kumar, Advocate
For the State : Mr. Chandra Sen Prasad Singh, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 12-02-2021
The matter has been heard via video conferencing.
2. Heard Mr. Vinod Kumar, learned counsel for the
petitioners and Mr. Chandra Sen Prasad Singh, learned
Additional Public Prosecutor (hereinafter referred to as the
'APP') for the State.
3. The petitioners apprehend arrest in connection with
Goraul PS Case No. 312 of 2019 dated 31.08.2019, instituted
under Sections 147/ 149/ 333/ 338/ 323/ 353/ 427/ 307/ 504/
506/ 120B of the Indian Penal Code.
4. The petitioners are accused of being part of the mob
which had gone to the police station in connection with another
Patna High Court CR. MISC. No.31749 of 2020 dt.12-02-2021
case lodged by the Engineer of the Electricity Department
against the villagers for violent demonstration regarding
disruption of electric supply.
5. Learned counsel for the petitioners submitted that
they are not named accused in Goraul PS Case No. 311 of 2019
which was lodged by the Junior Engineer against others. It was
submitted that they had gone to the police station for proper
investigation into the matter and to solve the dispute and further
that no specific overt act is alleged against the petitioners. It was
submitted that there are 28 named accused and 70-80 unnamed
men and women. It was further submitted that no injury was
caused to the police personnel. Learned counsel submitted that
they have no criminal antecedent and further that petitioner no.
2 is a lady. It was submitted that similarly situated co-accused
namely, Ranjeet Sharma and Mithilsh Kumar in Cr. Misc. No.
30364 of 2020 on 17.12.2020; Bharat Sharma and Mahendra
Thakur in Cr. Misc. No. 29773 of 2020 on 22.01.2021 and
Pappu Kumar @ Pappu Sharma in Cr. Misc. No. 31131 of 2020
on 29.01.2021, have been granted bail by coordinate benches. It
was submitted that all the co-accused were named both in
Goraul PS Case No. 311 of 2019 as well as in the present case
whereas the petitioners are accused only in the present case.
Patna High Court CR. MISC. No.31749 of 2020 dt.12-02-2021
6. Learned APP submitted that the petitioners were
part of an unlawful mob and were armed to intimidate the
police.
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/- (twenty five thousand)
each with two sureties of the like amount each to the satisfaction
of the learned Chief Judicial Magistrate, Hajipur at Vaishali in
Goraul (Kathara OP) PS Case No. 312 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 petitioner 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
Patna High Court CR. MISC. No.31749 of 2020 dt.12-02-2021
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.
8. The application stands disposed off in the
aforementioned terms.
(Ahsanuddin Amanullah, J)
Anjani/-
AFR/NAFR
U
T
