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2025 DAILYLAW 24073 (PAT)

Rakesh Kumar v. The State of Bihar

CR. MISC./15710/2025 · 2025-05-12

Harish Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15710 of 2025 Arising Out of PS. Case No.-358 Year-2022 Thana- MASAUDHI District- Patna ====================================================== Rakesh Kumar, Son of Manoj Kumar Singh, Resident of Village - Akauna, P.S. - Masaurhi, District - Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Satrudhan Kumar, Advocate For the Opposite Party/s : Mr. Binod Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 3 12-05-2025 Heard learned Advocate appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State. 2. The petitioner apprehends his arrest in connection with Masaurhi P.S. Case No. 358 of 2022, registered for the offences punishable under Sections 147, 148, 149, 332, 333, 353, 307, 337, 338, 435, 120(B), 427 and 3/4 of the Prevention to Damage to Public Property Act. 3. Allegedly while the informant was on duty as Magistrate, on account of a Bihar bandh called by some political parties and students in connection with Agniveer Bharti Yojana, all of a sudden about 1000-1500 boys armed with with lathi, danda gathered there and started agitating against the Government. The students and the miscreants also damaged the Patna High Court CR. MISC. No.15710 of 2025(3) dt.12-05-2025 2/3 Taregna Railway Gumti and resorted firing, in this way damaged the public property. In the said occurrence, some injury has also occurred to the police personnels. 4. Learned Advocate appearing on behalf of the petitioner contended that the petitioner is not named in the FIR, however, during the course of investigation the name of the petitioner has transpired on the disclosure made by the local people and apprehended persons. Save and except the disclosure made by the local people and apprehended persons, there is neither any material suggesting the complicity of the petitioner, nor even any specific role has been attributed by anyone. The allegation is levelled against 1000-1500 students, who were agitating grievance against the Government in irregularities committed in the appointment of Agniveer. Since the petitioner was also one of the aspirant, his name has been implicated in this case. It is lastly contended that the petitioner bears fair antecedent and he undertakes before this Court that he will fully cooperate in the proceeding of the Court. 5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application. 6. Regard being had to the submissions made on behalf of the parties and considering the omnibus nature of Patna High Court CR. MISC. No.15710 of 2025(3) dt.12-05-2025 3/3 allegation, coupled with the fact save and except the disclosure made by the apprehended person and local people, there is no material suggesting his complicity, as also the fair antecedent of the petitioner, let the petitioner above named be released on bail, in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate-1st in connection with Masaurhi P.S. Case No. 358 of 2022, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner. supratim/- (Harish Kumar, J) U T