Ramu Kumar @ Raj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7080 of 2019 Arising Out of PS. Case No.-499 Year-2018 Thana- BAKHTIYARPUR District- Patna ====================================================== RAMU KUMAR @ RAJ KUMAR Son of Sidheshwar Yadav Resident of Village-Naya Tola Raghopur, Police Station- Bakhtiyarpur, District- Patna ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Kashyap For the Opposite Party/s :
Mr.Manish Kumar No2 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-02-2019 Heard learned counsels for the parties.
The petitioner is languishing in custody since 4.10.2018 in a case registered for the offences punishable under Sections 147,148,149,341,323,307,427,353 and 283 of the I.P.C. The prosecution case as per the written report of Binay Kumar submitted to the SHO, Bakhtiyarpur Police Station is to the effect that on 3.10.2018, the informant received an information that in an animal fair, Mahendra Yadav and Lallu Mukhia are consuming liquor on a disputed land and are calling some ante-social elements, whereupon the police laid a raid on the place and apprehended two persons namely, Ramu Kumar, the petitioner and co-accused Pawan Kumar. Thereafter, they were brought to the police station, in the meantime, 150-200 people blocked the road and protested for the release of the
Patna High Court Cr.Misc. No.7080 of 2019(2) dt.07-02-2019 2/3 petitioner and the co-accused Pawan Kumar and pelted stones, resorted to fire and broke the glass pane of the police vehicle. It is submitted by learned counsel for the petitioner that the thrust of accusation is against the mob and the petitioner has been apprehended on the basis of suspicion that he was consuming liquor at the place of occurrence. It is further submitted that co-accused Pawan Kumar has been granted bail vide order dated 15.1.2019 passed in Cr. Misc. No.1984 of 2019 and co-accused Ashish Kumar has been granted bail vide order dated 4.1.2019 passed in Cr. Misc. No.77914 of 2018. Statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.
Learned APP submits that the petitioner was apprehended from the place and from there he led the mob and damaged the public property.
Considering the thrust of accusation against the mob, statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent and the period under custody, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM I, Barh, Patna in connection with Bakhtiyarpur P.S.
Patna High Court Cr.Misc. No.7080 of 2019(2) dt.07-02-2019 3/3 Case No.499 of 2018.
(Dinesh Kumar Singh, J) anil/- U