Kanhaiya Kumar @ Babi @ Banbi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41509 of 2016 Arising Out of PS.Case No. -367 Year- 2016 Thana -CHAPRA TOWN District- SARAN ====================================================== Kanhaiya Kumar @ Babi @ Banbi, S/o Kapilmuni Prasad, resident of Mohalla - Kashi Bazar, P.S. - Bhagwan Bazar, District - Saran at Chapra .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s : Mr. Asharaf Ansari, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 06-10-2016 Heard learned counsel for the petitioner and the learned counsel for the State.
The petitioner is apprehending his arrest in connection with Chapra (Saran) Town P.S. Case No.367 of 2016 for allegedly having committed the offence under Sections 188, 147, 148, 149, 295A, 307, 332, 333, 353, 436, 379, 153A, 120B, 427 of the Indian Penal Code and Section (3)(4) of the Prevention of Damage to Public Property Act, 1984 and Section 3/4 of the Public Property Defacement Act. Learned counsel for the petitioner submits that there was mass resentment touching the religious sentiments for which a crowd had gathered and amongst such members of the crowd, certain unruly elements took resort to damaging the
Patna High Court Cr.Misc. No.41509 of 2016 (2) dt.06-10-2016 2/2 property of the shops located in the area. Learned counsel for the petitioner further submits that though the petitioner is one of the members of the crowd, there is no specific allegation against him.
Considering the nature of allegations made and that no specific role has been assigned to the present petitioner and also because he is not having any criminal antecedent, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of `10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra, in connection with Chapra (Saran) Town P.S. Case No.367 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anjana Mishra, J) PNM U T