Allowed

Rahul Kumar @ Rahul Kumar Chandrawanshi @ Chandravanshi v. The State of Bihar

Patna HC30 Jan 2023CR. MISC./2947/2023

Case brief

AI extract

What is this about?

In an oral order, the Patna High Court allowed bail to the petitioner in a criminal case involving violent protest and property damage. The court noted the petitioner was a student and implicated only by suspicion, granting bail upon furnishing bonds.

What did the court decide?

Release on bail on furnishing bonds of Rs. 10,000 with two sureties of like amount each.

Rahul Kumar @ Rahul Kumar Chandrawanshi @ Chandravanshi Vs The… — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2947 of 2023

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Arising Out of PS. Case No.-457 Year-2022 Thana- BETTIAH CITY District- West

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Champaran

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

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RAHUL KUMAR @ RAHUL KUMAR CHANDRAWANSHI @ CHANDRAVANSHI, Son of Late Gopal Prasad Chandrawanshi, Village - Chanayan Bandh, P.S.- Manjhaulia, District - West Champaran.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Rakesh Kumar, Adv. For the Opposite Party/s : Mr. Rabindra Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER

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2 30-01-2023

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Heard learned counsel for the petitioner and learned APP

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for the State.

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This Court would expect that the petitioner’s counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

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Petitioner seeks bail in connection with Bettiah Nagar P.S. Case No. 457 of 2022 registered under Sections 143, 147, 148, 149, 341, 323, 353, 332, 333, 338, 435, 307, 427, 504, 120(B), 395, 412 of the Indian Penal Code and 27 of the Arms Act and ¾ Prevention of Damage to Public Property Act.

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There is an allegation that 72 named and 500 to 700 unnamed persons resorted to violent protest upon the house of an Hon’ble Member of Parliament. They have allegedly damaged public

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Patna High Court CR. MISC. No.2947 of 2023(2) dt.30-01-2023 2/3

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property in the process and also indulged in arson.

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Learned counsel for the petitioner submits that petitioner is not a named accused and has been implicated only suspicion. There is no material to connect the petitioner with the allegations. The petitioner has been implicated in two cases on the same date arising out of similar incident of alleged violent demonstration/protest against some Government related employment scheme. The petitioner has been remanded in the instant case on 23.07.2022. In fact, he is a student and has become victim of the circumstance. Investigation is complete.

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Learned APP has opposed the prayer for bail. It is alleged that persons in the mob were also found to be having weapons. Damage has been caused to public property and general public order.

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Considering the rival submissions, nature of allegations and the period of custody, also taking into consideration the fact that petitioner is stated to be a student, this Court is inclined to allow the prayer for bail of the petitioner.

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Prayer for bail of the petitioner is allowed.

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Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran, Bettiah, in connection with Bettiah (T) P.S. Case No. 457 of 2022, subject to the following conditions:-

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Patna High Court CR. MISC. No.2947 of 2023(2) dt.30-01-2023 3/3

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(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

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(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

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(Madhuresh Prasad, J)

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Sumit/shashank-

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U T

Rahul Kumar @ Rahul Kumar Chandrawanshi @ Chandravanshi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rahul Kumar @ Rahul Kumar Chandrawanshi @ Chandravanshi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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