IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.56259 of 2025 Arising Out of PS. Case No.-83 Year-2024 Thana- BARABAR TOURIST District- Jehanabad ====================================================== 1. Karu Malakar @ Satish Malakar S/o Rampravesh Malakar @ Nanuni Malakar R/o vill- Panari, P.S.- Belaganj, Distt.- Gaya 2. Sanjeev Kumar @ Chuha Malakar S/o Rampravesh Malakar @ Nanuni Malakar R/o vill- Panari, P.S.- Belaganj, Distt.- Gaya ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ranjay Kumar Singh For the Opposite Party/s : Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 07-11-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners seek bail in a case registered for the offence punishable under sections 191(2), 190, 126(2), 115(2), 109, 103(1) and 132 of the Bharatiya Nyaya Sanhita. 3. The informant, Swati Kumari, alleged that while she was posted as Block Development Officer, Hulasganj, Jehanabad and on magisterial duty in the premises of Barabar Temple, there was huge crowd of devotees and some altercation took place between devotees and flower vendors and thereafter, flower vendors attacked devotees by means of lathi, danda and stick, resulting into a stampede and seven unfortunate deaths took place besides number of injured persons, who were rushed Patna High Court CR. MISC. No.56259 of 2025(3) dt.07-11-2025 2/3 to the hospital. 4. Learned counsel for the petitioners submits that petitioners are not named in the F.I.R. Name of the petitioners surfaced in this case on the basis of confessional statement of co-accused Shravan @ Manjal Malakar, but fact remains that petitioners are not flower vendor. However, without accepting the allegation and/or the outcome of the present petition, learned counsel for the petitioners submits that petitioners intend to contribute Rs. 10,000/- to the Chief Minister’s Relief Fund through Demand Draft. Similarly situated co-accused Sharvan @ Manjal Malakar has already been granted bail by a coordinate Bench of this Court, vide order dated 09.12.2024 passed in Cr.Misc. No. 83235 of 2024 (Annexure – 2). Petitioners have got clean antecedent and is in custody since 02.05.2025. Chargesheet has been submitted. 5. Learned A.P.P. for the State vehemently opposed the bail petition and submitted that now-a-days, it has become the habit of the locals/flower vendors to obstruct the devotees from reaching the Temple and in the altercation that took place which followed the attack on the devotees, seven unfortunate death happened. 6. Having heard the parties, it is unfortunate that the Patna High Court CR. MISC. No.56259 of 2025(3) dt.07-11-2025 3/3 devotees who leave their places, reaches the Temple only to have a glimpse of the God/Goddess, in between, come the locals forcing them to worship through them/purchase flowers/prasad only from their shops, in this case also, it so happens and a small altercation resulted into an assault by the flower vendors followed by the stampede in which unfortunate deaths took place. However, considering the fact that petitioners have no criminal antecedent, having general & omnibus allegation and have undertaken to diligently appear in trial as also period of custody, this Court extends them privilege of bail with condition to make payment of Rs. 10,000/- each to the Chief Minister’s Relief Fund through Demand Draft and the receipts thereof be submitted to the learned trial Court along with bail-bonds. 6. Accordingly, let the above named petitioners be released on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge – VII, Jehanabad in connection with Barabar Praytan P.S. Case No. 83 of 2024. anay (Prabhat Kumar Singh, J) U T