Allowed

Vivek Bhushan v. the State of Bihar

Patna HC20 Jun 2023CR. MISC./9252/2023

Case brief

AI extract

What is this about?

Orality of the Hon'ble Patna High Court granting anticipatory bail to multiple petitioners facing criminal charges for offences punishable under Sections 147, 148, 188, 186 and 353 of the IPC, stressing surrender within six weeks.

What did the court decide?

Petitioners to be released on anticipatory bail if arrested or surrender within six weeks, furnishing bonds of Rs. 5,000 each with two sureties of like amount.

Vivek Bhushan Vs the State of Bihar — Anticipatory Bail | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9252 of 2023

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Arising Out of PS. Case No.-589 Year-2022 Thana- MOTIHARI TOWN District- East Champaran

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

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1. VIVEK BHUSHAN S/o Bindeshwar Prasad R/v- Tetaria, Tetariya Factory, P.S.- Tetariya, District- East Champaran

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1. SHREENIWAS PRASAD S/o Chandrika Prasad R/v- Baudha, P.S.Ramgarhwa, District- East Champaran

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REETA KUMARI GUPTA @ REETA GUPTA @ REETA KRI. @ REETA DEVI W/o Yogendra Prasad R/o- House No. 4, Sarsaula, P.S.- Lakhaura, District-East Champaran

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RAJESH KUMAR RAJAK @ RAJESH RAJAK @ RAJESH KR. RAJAK S/o Indradev Baitha R/o Amar Chhatauni Mission Compound, P.S.Chhatauni, District- East Champaran

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SURYAKANT PATHAK S/o Someshwar Nath Pathak R/v- Murarpur Gai Ghat, P.S.- Harshidhi, District- East Champaran

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VINOD KUMAR @ VINOD KR. PANDEY @ VINOD KR. S/o Prem Shankar Pandey R/v- Kodariya, P.S.- Patahi, District- East Champaran

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SHASHI BHUSHAN PRASAD S/o Ramashray Sah R/o- Ward No. 14, Near Post Office, bela Chamhi, P.S.- Chhauradano, District- East Champaran

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MRITUNJAY KUMAR @ MIRTYUNJAY KUMAR THAKUR @ MIRTYUNJAY KR. S/o Lalan Thakur R/v- Unchidih, P.S.- Chakia, DistrictEast Champaran

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DURGA PASWAN S/o Jangbahadur Paswan R/v- Parshurampur, Murarpur, P.S.- Turkaula, District- East Champaran

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ARUN KUMAR THAKUR S/O Hira Lal Thakur R/o Ward No. 12, Jagdamba Nagar Near Bala Ji CHuda Milaa, P.S.- Motihari Town, DistrictEast Champaran

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DHARMENDRA KUMAR SINGH S/o Shree Chandrika Singh R/vMathwa, Ward No. 12, P.S.- Turkauliya, District- East Champaran

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ABUL QUAMAR S/o Abul Hasan R/o- Near Madarsa, P.S.- Pakridayal, District- East Champaran 13. PRAMOD KUMAR YADAV S/o Vikram Ray R/v- Ward No. 14, Lakhaura, P.S.- Lakhaura, District- East Champaran 14. MD. QUAIS S/o Bhoda Ray R/v- Bahadurpur, P.S.- Govindganj, DistrictEast Champaran ... ... Petitioner/s Versus THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ansul, Advocate Mr. Anuj Kumar, Advocate For the Opposite Party/s : Mr. Amitesh Kumar, APP

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Patna High Court CR. MISC. No.9252 of 2023(3) dt.20-06-2023 2/3

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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3 20-06-2023

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Heard learned counsel for the petitioners and learned

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A.P.P. for the State.

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The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 188, 186 and 353 of the Indian Penal Code.

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Learned counsel for the petitioners submits that the petitioner nos. 1, 4, 5, 7, 10, 11, 12 and 14 are persons with clean antecedent, petitioner nos. 2, 3, 6, 8 and 9 have antecedent of one case each and petitioner no. 13 has antecedent of seven cases. It is further submitted that the petitioners are teachers and were demonstrating after seeking permission. It is next alleged that they raised unconstitutional slogans and caused hindrance in discharge of official duties and also threatened the officials of the District Education Office, Motihari, further they also spread rumors regarding the death of the District Education Officer on WhatsApp.

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Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case, it is next submitted that no doubt petitioner no.13 has antecedent of seven cases but then being leader of the District State Teachers’ Coordination Committee, he has been implicated in so many

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Patna High Court CR. MISC. No.9252 of 2023(3) dt.20-06-2023 3/3

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cases whenever any demonstration or strike takes place.

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Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

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Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Motihari Town P.S. Case No. 589 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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(Satyavrat Verma, J)

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Rishi/-

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U T

Vivek Bhushan v. the State of Bihar

Case brief

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Vivek Bhushan v. the State of Bihar

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