Dharmendra Pratap Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28585 of 2018 Arising Out of PS.Case No. -95 Year- 2018 Thana -AURANGABAD TOWN DistrictAURANGABAD ======================================================
1. Dharmendra Pratap Singh, S/o Vijay Pratap Singh, R/o Vill.- Pandey Khap, P.S.- Phesar, District- Aurangabad.
2. Aakash Sharma @ Sharvan Sharma S/o Aditya Sharma, R/o Vill.- Unthu, P.S.- Phesar, District- Aurangabad, at Present Mohalla- Ahri, in the house of Aakash Sharma, P.S.- Aurangabad Town, District- Aurangabad. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shailesh Kumar Singh For the Opposite Party/s : Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-05-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners seek bail in connection with Aurangabad Town P.S. Case No. 95 of 2018 for offences punishable under Sections 307 and other allied sections of the Indian Penal Code and Section 27 of the Arms Act.
The prosecution case, as lodged by the informant is that during Ramnavami procession, while the procession crossed through Muslim Muhalla, the other community started pelting the stones and setting fire at different places and as many as 89 persons have been named in the FIR and 100 un-known persons
Patna High Court Cr.Misc. No.28585 of 2018 (2) dt.11-05-2018 2/2 managed to flee away.
It has been submitted by the learned counsel for the petitioners that they are innocent, bear no criminal antecedent and have been falsely implicated in this case. They are not the members of any community. They had come to market to purchase the goods and in the meanwhile, riot took place and the petitioners have been arrested. He further submits that some of the co-accused have been granted bail vide order dated 2.05.2018 passed in Cri. Misc. No. 26033 of 2018.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and materials available on record let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Aurangabad Town P.S. Case No. 95 of 2018. (Nilu Agrawal, J) sushma/- U T