The Patna High Court granted bail to petitioner Deepak Kumar accused of offenses under IPC and Railway Act. The court considered his youth, lack of prior record, and aspirations, allowing release on bond with standard bail conditions.
Petitioner released on bail on furnishing bond of Rs. 10,000 with two sureties of the like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.50985 of 2022
Arising Out of PS. Case No.-68 Year-2022 Thana- KIUL RAIL P.S. District- Lakhisarai
======================================================
DEEPAK KUMAR, son of Ranjeet Kumar, resident of village-Ramnagar, P.S.-Kiul, District-Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Jai Narain Thakur, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 09-12-2022
Heard learned counsel for the petitioner and the learned APP for the State through virtual mode in view of COVID-19.
Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course.
The petitioner is in judicial custody in connection with Kiul Rail P.S. Case No.68 of 2022 instituted under Sections 147, 148, 149, 353, 436, 457, 411, 302, 427 of the IPC and under Sections 150, 151, 152, 145, 146, 147, 174(A) of Railway Act.
As per the prosecution story, the Station Master alleged that opposing the ‘Agniveer Project of Government of India, the students 500 of them took out procession, Lakhisarai Station and resorted to violence, ransacked the coaches and also torched the train which led to burning of 21 coaches of 12368 DN which was at that time at Platform No.2.
Accordingly, Kiul Rail P.S. Case No.68 of 2022 was lodged and the accused persons including the petitioner herein were
Patna High Court CR. MISC. No.50985 of 2022(2) dt.09-12-2022 2/3
taken into custody.
Learned counsel for the petitioner submits that he is a man of 24 years, aspirant of different competitive exams and was there but was not part of the violence. However, he has been picked up by the police and is in custody since 20.06.2022 (as stated in para-15 of the bail application).
Taking into account the aforesaid fact as also that he do not have any criminal antecedent is in custody since 20.06.2022, charge-sheet stands submitted, is a young boy with long future this Court is inclined to grant him privilege of bail.
Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Kiul Rail P.S. Case No.68 of 2022 to the satisfaction of learned Railway Judicial Magistrate, Kiul (Lakhisarai), subject to following conditions:
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which
Patna High Court CR. MISC. No.50985 of 2022(2) dt.09-12-2022 3/3
the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds.
With the aforesaid observations, the bail application is
allowed.
(Rajiv Roy, J)
Prakash Narayan/ Ajay
U T
1 issue framed by the court
Whether the petitioner, a young aspirant with no criminal antecedents, is eligible for bail in a case involving serious charges including murder and rioting?
2 provisions across 2 enactments
Deepak Kumar
The State of Bihar
Rajiv Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
