Chhotan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28416 of 2018 Arising Out of PS.Case No. -95 Year- 2018 Thana -AURANGABAD TOWN DistrictAURANGABAD ======================================================

1. Chhotan Singh Son of Bishwanath Singh resident of Village - Munji, P.S. - Karakat Gorari (Godari), District - Rohtas at present residing at Satyendra Nagar, Near Durga Mandir, P.S. - Town, District - Aurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Santosh Kumar Pandey For the Opposite Party/s : Mr. Sri Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-05-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Aurangabad PS case no. 95 of 2018 instituted for the offences punishable under Sections 307, 360, 295A, 188 and other sections of Indian Penal Code and 27 of Arms Act.

The allegation is that during Ramnavmi procession, people of two communities had clashed resulting in a situation of communal disharmony. Thereafter, the police had arrived at the place of occurrence and saw that the mob started pelting stones. Several accused persons, arrayed in the FIR, as also several unknown persons totaling to about 200, were alleged to have

Patna High Court Cr.Misc. No.28416 of 2018 (2) dt.09-05-2018 2/3 engaged in pelting of stones and created communal disharmony and the petitioner is one such person.

The learned Senior counsel for the petitioner submits that the petitioner is innocent and general and omnibus allegations have been leveled against him. It is further submitted that the petitioner is in custody since 27.03.2018. The learned Senior counsel further submits that several co-accused persons have already been granted bail; the details of some of the orders by which the co-accused persons have been granted bail, are being given hereinbelow :- I) order dated 03.05.2018 passed by this court in Cr.Misc. no.26365 of 2018.

II) order dated 03.05.2018 passed by this court in Cr.Misc. no.26378 of 2018.

III) order dated 03.05.2018 passed by this court in Cr.Misc. no.26518 of 2018.

IV) order dated 07.05.2018 passed by this court in Cr.Misc. no.27459 of 2018 and 27492 of 2018.

V) order dated 02.05.2018 passed by this court in Cr.Misc. no.25939 of 2018 and 25962 of 2018.

Patna High Court Cr.Misc. No.28416 of 2018 (2) dt.09-05-2018 3/3 VI) order dated 02.05.2018 passed by this court in Cr.Misc. no.26033 of 2018, 26169 of 2018 and 26036 of 2018.

Having regard to the facts and circumstances of the case, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Aurangabad in connection with Aurangabad PS case no. 95 of 2018.

(Mohit Kumar Shah, J) rinkee/- U T