Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56115 of 2017 Arising Out of PS.Case No. -638 Year- 2017 Thana -HILSA District- NALANDA (BIHARSHARIFF) ====================================================== Sumit Kumar, Son of Barun Prasad, Resident of Village- Daroga Kuan, Police Station- Hilsa, District- Nalanda.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Sri Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-11-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks regular bail in connection with Hilsa P.S. Case No. 638 of 2017, registered for the offences punishable under Sections 147, 148, 149, 353, 307, 332, 333, 186, 187, 115, 153 (B), 295(A), 341, 120(B) and 325 of the Indian Penal Code.

The petitioner is named in the FIR along with several other accused persons. Allegation is that in spite of the order issued by the authority the petitioner and others tried to convinced the other community to object the Tazia and Pahlam and tried to disturb the communal harmony. There was altercation with police personnel and some police personnel received injuries. It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.56115 of 2017 (2) dt.23-11-2017 no specific allegation has been attributed against the petitioner. The petitioner is in custody for 11⁄2 months. Having heard both sides, in view of the above facts, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate Hilsa, Nalanda in connection with Hilsa P.S. Case No. 638 of 2017, subject to the following conditions:

(i). One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii). The petitioner will not induce any witness or tamper with the evidence.

(iii). The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) KKSINHA/- U T