Prahlad Das @ Prahlad Sah vs The State Of Bihar
2021 Latest Caselaw 2829 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                   CRIMINAL MISCELLANEOUS No. 36537 of 2020
          Arising Out of PS Case No.-235 Year-2019 Thana- BAIRGANIA District- Sitamarhi
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1. Prahlad Das @ Prahlad Sah, (male), aged about 38 years, Son of Late Aas Narayan Shah, Resident of Village-Bahiri, PS-Bairgania, District-Sitamarhi.

2. Satyendra Das, (male), aged about 42 years, Son of Dharamdeo Das, Resident of Village-Bahiri, PS-Bairgania, District-Sitamarhi.

3. Ravindra Kumar @ Ravindra Sah (male), aged about 36 years, Son of Resident of Village-Patahi, PS-Bairgania, District-Sitamarhi.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

      For the Petitioner/s    :        Mr. Pushpendra Kumar Singh, Advocate
      For the State           :        Dr. Kumar Uday Pratap, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 29-06-2021

The matter has been heard via video conferencing.

2. Heard Mr. Pushpendra Kumar Singh, learned counsel

for the petitioners and Dr. Kumar Uday Pratap, learned Additional

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

State.

3. At the outset, learned counsel for the petitioners

submitted that he may be permitted to withdraw the application on

behalf of petitioner no. 3 namely, Ravindra Kumar @ Ravindra

Sah, as he has been arrested.

4. In view thereof, as prayed for by learned counsel for

the petitioners, the application on behalf of petitioner no. 3 Patna High Court CR. MISC. No.36537 of 2020 dt.29-06-2021

namely, Ravindra Kumar @ Ravindra Sah, stands disposed off as

withdrawn and is limited to petitioners no. 1 and 2 namely,

Prahlad Das @ Prahlad Sah and Satyendra Das, respectively.

5. The petitioners no. 1 and 2 apprehend arrest in

connection with Bairgania PS Case No. 235 of 2019 dated

12.10.2019, instituted under Sections 147, 148, 149, 188, 333,

353, 332, 338, 323, 324, 307 and 504 of the Indian Penal Code

and 3 of the Bihar Control of the Use and Play of Loud- Speakers

Act, 1955.

6. The allegation against the petitioners, who are among

50 named and 250-300 unknown persons, is that they were party

to the skirmish between two groups with regard to immersion of

idol and further that the mob had pelted brickbats causing injuries

to the police personnel.

7. Learned counsel for the petitioners submitted that

they have been named, but the same is with mala fide intention as

it is not possible to identify 50 persons in a crowd of almost 350

persons, since the allegation is that there were 250-300 unknown

persons also, which takes the total to 350 persons. Learned

counsel submitted that the allegation itself is general and omnibus

and further that six similarly situated co-accused have been

granted anticipatory bail by a co-ordinate Bench by order dated Patna High Court CR. MISC. No.36537 of 2020 dt.29-06-2021

28.02.2020 in Cr. Misc. No. 6990 of 2020 and 11 others have also

been granted anticipatory bail by a co-ordinate Bench by order

dated 25.06.2020 in Cr. Misc. No. 11430 of 2020. It was further

submitted that the petitioners have no criminal antecedent.

8. Learned APP submitted that the petitioners were part

of the mob which has indulged in vandalism and has pelted

brickbats causing injury to the police personnel.

9. 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 no. 1 namely, Prahlad Das @

Prahlad Sah and petitioner no. 2 namely, Satyendra Das 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,

Sitamarhi in Bairgania PS Case No. 235 of 2019, 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 no. 1 and 2, (ii) that the petitioners

no. 1 and 2 and the bailors shall execute bond with regard to good

behaviour of the petitioners no. 1 and 2 and (iii) that the

petitioners no. 1 and 2 shall also give an undertaking to the Court Patna High Court CR. MISC. No.36537 of 2020 dt.29-06-2021

that he 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 no. 1 and 2 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 no.

1 and 2, to the notice of the Court concerned, which shall take

immediate action on the same after giving opportunity of hearing

to the petitioners no. 1 and 2.

11. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T