Raushan Kumar vs The State Of Bihar
2021 Latest Caselaw 3287 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                   CRIMINAL MISCELLANEOUS No.37196 of 2020
         Arising Out of PS. Case No.-302 Year-2020 Thana- MUZAFFARPUR TOWN District-
                                            Muzaffarpur
      ======================================================

1. Raushan Kumar, aged about 22 years, sex- male, son of Raj Nath Chandrabanshi,

2. Vikash Kumar, aged about 23 years, sex-male, son of Shankar Sahni,

3. Manoj Kumar @ Manoj Mahto, aged about 23 years, sex-male, son of Late Nanda Mahto.

All are resident of Mohalla- Ambedkar Nagar, Sikandarpur P.S.- Town, District- Muzaffarpur ... ... Petitioner/s

Versus

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

      For the Petitioner/s   :        Mr. Yugal Kishore, Advocate
      For the State          :        Mr. Md. Arif, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 12-07-2021

The matter has been heard via video conferencing.

2. Heard Mr. Yugal Kishore, learned counsel for the

petitioners and Mr. Md. Arif, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioners apprehend arrest in connection with

Town PS Case No. 302 of 2020 (Sikandanpur OP) dated

19.05.2020, instituted under Sections 147, 148, 149, 188, 269,

353, 307, 504 of the Indian Penal Code.

4. The allegation against the petitioners, who are

amongst twenty-three known persons and fifty unknown Patna High Court CR. MISC. No.37196 of 2020 dt.12-07-2021

persons, is that they had created nuisance and obstructed the

traffic in support of one Chandeshwar Mahto, whose son had

been injured, and who had kept him on the road on a thela,

protesting police inaction. It is further alleged that all the

accused persons had obstructed the police in clearing the jam

and restoring traffic movement and had also violated the norms

of social distancing.

5. Learned counsel for the petitioners submitted that

only on suspicion the petitioners have been named, that too,

without any indication as to how they were identified. Further, it

was submitted that no overt act has been alleged against the

petitioners and only on omnibus allegation of having obstructing

the traffic and misbehaviour with the police and further, not

following the norms of social distancing, they have been made

accused. Learned counsel submitted that they have no concern

with Chandeshwar Mahto, who was protesting and being from

the neighbourhood, had gone there to witness the incident and

have been wrongly made accused. Further, it was submitted that

the petitioners have no other criminal antecedent.

6. Learned APP submitted that the petitioners had

obstructed the police in discharge of their duty and had also

violated the norms of social distancing.

Patna High Court CR. MISC. No.37196 of 2020 dt.12-07-2021

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/- (twenty five thousand)

each with two sureties of the like amount each to the satisfaction

of the learned Chief Judicial Magistrate, Muzaffarpur, in Town

PS Case No. 302 of 2020 (Sikandarpur OP), 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 and give undertaking with regard to

good behaviour of the petitioners, and (iii) that the petitioners

shall cooperate with the Court and police/prosecution. Any

violation of the terms and conditions of the bonds or the

undertaking or failure to cooperate shall lead to cancellation of

their bail bonds.

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 petitioners.

Patna High Court CR. MISC. No.37196 of 2020 dt.12-07-2021

9. The petition stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

J. Alam/-

AFR/NAFR U T