Allowed

Akash Kumar v. the State of Bihar

Patna HC16 Dec 2022CR. MISC./55004/2022

Case brief

AI extract

What is this about?

In a bail application by a passenger accused of mob violence and train torching under serious IPC and Railway Act charges, the Patna High Court allowed release on bail reasoning no discriminate articles were recovered and the petitioner was not named in the FIR, subject to standard conditions.

What did the court decide?

Released on bail upon furnishing a bond of Rs. 25,000 with two sureties of like amount to the Railway Judicial Magistrate, Kiul, subject to specified conditions.

Akash Kumar Vs the State of Bihar — Murder and Culpable Homicide | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.55004 of 2022

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Arising Out of PS. Case No.-68 Year-2022 Thana- KIUL RAIL P.S. District- Lakhisarai

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======================================================

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Akash Kumar S/O Suresh Gupta Resident Of Village- Sahajadpur, Police Station- Barhiya, District- Lakhisarai

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... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arun, Advocate For the Opposite Party/s : Mr. Raj Ballabh Singh, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

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ORAL ORDER

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2 16-12-2022

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Heard Mr. Arun, learned counsel appearing on

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behalf of the petitioner and Mr. Raj Ballabh Singh, learned APP for the State.

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Petitioner, who is in custody since 21.06.2022 seeks regular bail in connection with Rail Kiul P.S. Case No. 68 of 2022 registered for offences punishable under Sections 147, 148, 149, 353, 436, 457, 380, 411, 302, 427 of the Indian Penal Code and under Sections 150, 151, 152, 145, 146, 147, 174(A) of Railway Act.

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Prosecution case, in brief, is that on 17.06.2022, many young people were opposing the Agniveer project of India and in the meantime five hundred people also joined them at Lakhisarai station. The protestors become violent and they ransacked the coaches of the train no. 12368 DN and had torched the train in which twenty-one coaches were burnt.

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Learned counsel appearing on behalf of the petitioner

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Patna High Court CR. MISC. No.55004 of 2022(2) dt.16-12-2022 2/3

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submits that the petitioner was a passenger and he had no connection with the protest nor he was a member of the young people who were opposing the Agniveer Scheme of the Govt. of India. Petitioner has remained in custody since 21.06.2022, and other similarly situated co-accused persons have already been released on bail by this Court and in this regard he refers to the order dated 09.12.2022 passed in Cr. Misc No. 50200 of 2022, order dated 09.12.2022 passed in Cr. Misc No. 50985 of 2022 and order dated 09.12.2022 passed in Cr. Misc No. 50469 of 2022.

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Learned A.P.P., for the State has vehemently opposed the prayer for grant of bail to the petitioner. He submitted that the petitioner was one of the perpetrator who was involved in ransacking and torching the government property and as such he does not deserve to be released on bail. He further submitted that the allegations against the petitioner are serious in nature in which some persons have also died.

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Considering the allegation made in the F.I.R. it appears that the petitioner at best can be said to be the member of the mob, the petitioner has no recovery of any discriminate article, he is not named in the F.I.R, he has remained in custody since 21.06.2022, the petitioner prima facie has made out a case

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Patna High Court CR. MISC. No.55004 of 2022(2) dt.16-12-2022 3/3

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to be released on bail.

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Court below is directed to release the petitioner above named on bail upon furnishing bail bond of Rs. 25,000/(Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Kiul in connection with Rail Kuil P.S. Case No. 68 of 2022 subject to the following conditions:

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(i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

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(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

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(iii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

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(iv) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bond.

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(Purnendu Singh, J)

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aditya/minu U T

Akash Kumar v. the State of Bihar

Case brief

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Akash Kumar v. the State of Bihar

Case brief

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