Kinkar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41170 of 2018 Arising Out of PS. Case No.-95 Year-2018 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Kinkar Singh, S/o Narsingh Singh, R/o Gandhi Nagar, P.S. Town, DistrictAurangabad, Permanent R/o Village Pathara, P.S. Imamganj, District- Gaya. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ashok Kumar Singh For the Opposite Party/s :

Mr. Sri Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Aurangabad (Town) P.S. Case No. 95 of 2018 registered for the offence punishable under Sections 147, 148, 149, 337, 323, 324, 435, 436, 427, 307, 332, 333, 353, 360, 295(A), 188, 120B of the Indian Penal Code and Section 27 of Arms Act.

Allegation against the petitioner in the FIR is that he was member of the procession on the eve of Ramnavami and the members of the procession started pelting stones and brick batting on the procession of other community which caused communal riots.

Patna High Court Cr.Misc. No.41170 of 2018(2) dt.12-07-2018 2/2 Learned counsel for the petitioner submitted that there is no specific allegation of either pelting stones or brick batting or of setting fire against the petitioner. It has been further submitted that similarly situated co-accused namely, Nitish Kumar and Shashi Bhushan Singh have already been granted bail by a Bench of this Court vide order dated 22.06.2018 passed in Cr. Misc. No. 35991 of 2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad, in connection with Aurangabad (Town) P.S. Case No. 95 of 2018. (S. Kumar, J) veena/- U T