Vinay Mahto vs The State Of Bihar
2021 Latest Caselaw 3405 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                   CRIMINAL MISCELLANEOUS No.40871 of 2020
           Arising Out of PS. Case No.-332 Year-2020 Thana- BAJPATTI District- Sitamarhi
      ======================================================

1. Vinay Mahto, Male, aged about 20 years, son of Jagdish Mahto,

2. Bhushan Kumar, Male, aged about 19 years, son of Pagla Thakur @ Umesh Thakur @ Umesh Sharma,

3. Govind Kumar, Male, aged about 19 years, son of Shivcharan Paswan,

4. Mithu Kumar, Male, aged about 21 years, son of Ramchandra Sah,

5. Babloo Chaudhary, Male, aged about 32 years, son of Nage Chaudhary, All resident of village- Muraul, PS- Bajpatti, District- Sitamarhi.

6. Chhathu Mahto @ Chhato Bhagat, Male, aged about 70 years (Pujari, Ram Janki Math Mandir), son of late Ram Saran Bhagat, resident of Village- Paharpur (Muraul), P.S- Bajpatti, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s : Ms. Madhubala Verma, Advocate For the State : Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 16-07-2021

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 petitioner on

13.07.2021, which was allowed.

3. Heard Ms. Madhubala Verma, learned counsel for

the petitioners and Mr. Navin Kumar Pandey, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

4. The petitioners apprehend arrest in connection with Patna High Court CR. MISC. No.40871 of 2020 dt.16-07-2021

Bajpatti PS Case No. 332 of 2020 dated 16.08.2020, instituted

under Sections 147, 148, 149, 341, 323, 333, 337, 324, 307,

353, 188 of the Indian Penal Code.

5. The allegation against the petitioners, who are

named along with 17 others and 100-150 unknown persons, is

that at the time of immersion of image of God Krishna, they

were quarreling amongst themselves and they had also

organized the same in violation of the COVID 19 guidelines

promulgated by the government and when the informant, who is

a Sub Inspector of Police, arrived with force at the place and

tried to restore peace and order, the accused attacked the force

by brick-bats, lathi, danda and sword and prevented them from

discharging their official duty which also resulted in injuries to

the police personnel in which two accused persons were arrested

at the spot.

6. Learned counsel for the petitioners submitted that

they have been falsely implicated as they were not doing any

overt act and has been named with ulterior motive by the

Chukidaar. It was submitted that even as per the FIR, a large

mob was there and the three police personnel, who have been

injured, have received simple injury. It was submitted that the

petitioners have no other criminal antecedent. Learned counsel Patna High Court CR. MISC. No.40871 of 2020 dt.16-07-2021

submitted that co-accused Ismail Nadaf @ Md. Ismail, Md.

Anwarul @ Md. Anwar, Md. Kashif @ Kashif Hussain and Md.

Mahboob @ Mahfooj Shafi have been granted anticipatory bail

by a coordinate Bench by order dated 22.06.2021 passed in Cr.

Misc. No. 40722 of 2020.

7. Learned APP submitted that the petitioners have

been identified by the Chaukidar and have been named in the

FIR.

8. 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 Sub Divisional Judicial Magistrate, Pupri,

Sitamarhi, in Bajpatti PS Case No. 332 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 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 Patna High Court CR. MISC. No.40871 of 2020 dt.16-07-2021

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.

9. 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.

10. The petition stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

J. Alam/-

AFR/NAFR U T