Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37364 of 2018 Arising out of Barun P.S. Case No.97/18, District-Aurangabad ====================================================== Amit Kumar, Son of Ram Naresh Rai, resident of Village- Barun Bazar, P.S.- Barun, District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.Ramakant Sharma, Sr. Adv. Mr. Santosh Kr. Pandey, Adv.

For the Opposite Party/s : Mr. A.H. Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, in the present case, is seeking regular bail in connection with Barun P.S. Case No.97/18, registered for offences alleged under Sections 147, 148, 149, 341, 323, 324, 307, 332, 333, 353, 395, 436, 504 and 120B of the Indian Penal Code and Section 3/4 of Prevention of Damage Public Property Act, 1984. Learned counsel for the petitioner submits that a perusal of the First Information Report would show that a large number of persons have been named in the F.I.R as they were allegedly indulged in assaulting the police personnel and had attempted to set on fire the public properties as they were agitated over the death of a boy from unknown vehicle. It is submitted that so far as this petitioner is concerned, he had come on leave from his service in 5th NDRF Battalion. The petitioner was on leave from

Patna High Court Cr.Misc. No.37364 of 2018 (2) dt.28-06-2018 18.04.2018 to 06.06.2018 which is evident from Annexure-2 series and he had gone to the market for certain purchase when all of a sudden the procession of a large number of persons started brick-batting and throwing stones and the petitioner was also arrested only on mere suspicion.

Learned APP for the State is present and has opposed the prayer of bail.

Considering the fact and circumstances of the case and the nature of the allegations where large number of persons are said to have been assembled who were indulged in disturbance as also that the petitioner seems to be a constable posted in 5th National Disaster Response Force, Sudumbare, Pune, let the petitioner above named, be enlarged on bail on his furnishing bail bond of Rs.15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Barun P.S. Case No. 97/18, subject to the conditions U/S 437(3) Cr.P.C.

(Rajeev Ranjan Prasad, J) Arvind/R.R.Ojha U T