Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25577 of 2018 Arising Out of PS.Case No. -178 Year- 2018 Thana - BETTIAH CITY District- WEST CHAMPARAN (BETTIAH) ===================================== Abhishek Kumar, S/o Ranjeet Kumar, R/o MohallaJagjeevan Nagar, Baswariya, P.S.- Bettiah Town, DistrictWest Champaran. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar No.-7, Adv. For the Opposite Party/s : Mrs. Reena Sinha, APP ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-05-2018 The petitioner seeks bail in anticipation of his arrest in connection with Bettiah Town P.S. Case No. 178 of 2018, dated 10.03.2018, instituted for the offences punishable under Sections 147, 148, 149, 353, 295(A), 307 and 337 of the Indian Penal Code and Section 3 of the Prevention of Damage to Public Property Act, 1984. Because of an accident which had taken place because of collusion between the two motorcyclists, many people belonging to the two different religious communities had assembled at the place of occurrence. Five of the

Patna High Court Cr.Misc. No.25577 of 2018 (2) dt.04-05-2018 2/3 persons, who have been named in the First Information Report, were arrest by the police party, who were trying to incite their supporters for creating communal disturbance. The name of the petitioner has transpired in the First Information Report in the context that he too, along with some others was identified to have been creating a situation for causing communal disturbance.

Learned counsel for the petitioner has submitted there is no disclosure of the source of information in the First Information Report and without any basis, the name of the petitioner has been added in the First Information Report. The petitioner was not present at the place of the occurrence or else he would have been arrested by the police team which had arrived there. The petitioner has got no concern at all with either of the bikers, who had met with an accident. The petitioner, on an earlier occasion, was made an accused in a case which was instituted under Sections 147 and 323 of the Indian Penal Code, in which he is on bail. Considering the nature of accusation against the petitioner and there being no disclosure of the source of information to the informant that the petitioner also was participating in the occurrence, he is directed to be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from

Patna High Court Cr.Misc. No.25577 of 2018 (2) dt.04-05-2018 3/3 today, on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah Town P.S. Case No. 178 of 2018.

(Ashutosh Kumar, J) Praveen-II/- U T