Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57452 of 2018 Arising Out of PS.Case No. -99 Year- 2018 Thana -ROSERA District- SAMASTIPUR ====================================================== Sumit Kumar, S/o Sri Suresh Prasad, R/o Mahavir Chawk, P.S.- Rosera, District- Samastipur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Avinash Kumar, Advocate For the Opposite Party/s : Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 08-10-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Rosera P.S. Case No. 99 of 2018 registered under Sections 147, 148, 149, 341, 323, 337, 338, 307, 332, 353, 153, 153A, 153B 295, 298, 379, 427, 504 and 120B of the Indian Penal Code.

It is submitted by the learned counsel for the petitioner that similarly circumstanced co-accused Subham Kumar Sahu @ Shubham Kumar @ Sonu and Chhotu Nayak @ Chhotu Narayan @ Chote Narayan have already been granted pre-arrest bail vide orders dated 20.09.2018 and 01.10.2018 passed in Cr. Misc. Nos.57915 of 2018 and 60749 of 2018 respectively. It is further contended that the petitioner was not concerned in any manner with the mob, which disturbed the

Patna High Court Cr.Misc. No.57452 of 2018 (2) dt.08-10-2018 2/2 peace or indulged in the violent act. He is a small shopkeeper and runs a shop of spectacles in the name of 'Unique Chasma Ghar' in the locality. Since the members of the mob forcefully asked the shop owners to close their shop, he and other shopkeepers after closing their respective shops were standing outside their shops, as mute spectators and, merely on account of their presence near the place of occurrence, they have also been implicated in the present case.

Learned counsel for the State opposed the application for grant of pre-arrest bail to the petitioner. Having regard to the submissions made above and the facts and circumstances of the case, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-1st, Rosera in connection with Rosera P.S. Case No. 99 of 2018 subject to the conditions as laid down under Section 438(2) Cr. P.C (Ashwani Kumar Singh, J.) Sanjeet/- U T