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2025 DAILYLAW 7845 (PAT)

Sudesh Kumar v. The State of Bihar

CR. MISC./2860/2025 · 2025-02-15

Harish Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2860 of 2025 Arising Out of PS. Case No.-11 Year-2024 Thana- Paura District- Khagaria ====================================================== Sudesh Kumar Son of Dunbahadur Singh Resident of Village - Saharaun, P.S. - Poura, District - Khagaria (Bihar). ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Budhilal Yadav, Adv. For the Opposite Party/s : Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 15-02-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. At the outset, learned counsel for the petitioner, seeks permission to make necessary correction in para-1 and prayer portion of the bail application in course of the day. 3. Permission is accorded. 4. The petitioner apprehends his arrest in connection with Poura P.S. Case No. 11 of 2024 registered for the offences punishable under Sections 147, 148, 149, 307, 353, 332, 333, 323, 337, 338, 427 and 120B of the Indian Penal Code, Sections 135, 135A of the R.P. Act, 1951 and Section 3 of the Prevention of Damage to Public Property Act, 1984. 5. Allegedly, in Lok Sabha Election, 2024 while the Patna High Court CR. MISC. No.2860 of 2025(2) dt.15-02-2025 2/3 polling was going on, in the meantime, a mass of people surrounded at the booth and started making ruckus. Altogether 500-600 people lashed with lathi, danda and stone also attacked the officials and polling staff and damaged the EVM, furniture etc. 6. Learned counsel for the petitioner, referring to the FIR, contended that only on account of the petitioner being a member of questioned WhatsApp group, his name has implicated with omnibus allegation along with other 500-600 unknown persons. There is no specific allegation of any overt act against the petitioner. Moreover, the petitioner is a student of B.A. Part-III having fair antecedent and on the alleged date of incidence, he was studying in Patna. 7. On the other hand, learned counsel for the State opposed the bail application. 8. Regard being had to the submissions made on behalf of the parties and considering the omnibus nature of allegation against a mass of the people, coupled with the fact that the petitioner is student having fair antecedent, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Patna High Court CR. MISC. No.2860 of 2025(2) dt.15-02-2025 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Khagaria in connection with Poura P.S. Case No. 11 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C, with further condition that one of the bailors shall be the own/close family members of the petitioner. rohit/- (Harish Kumar, J) U T