Kapil Singh @ Kapil Kumar Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29056 of 2018 Arising Out of PS. Case No.-97 Year-2018 Thana- AURANGABAD TOWN DistrictAurangabad ======================================================
1. Kapil Singh @ Kapil Kumar Singh, S/O Gupta Singh.
2. Raju Singh, S/O Sri Awadhesh Sngh.
3. Tejendra Kumar Singh @ Tajendra Singh, S/O Shri Prasidh Narayan Singh. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar Singh For the Opposite Party/s :
Mr. Sri Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-05-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Nagar (Town) P.S. Case No. 97 of 2018, registered under Sections 147, 148, 149, 337, 323, 435, 436, 427, 307, 332, 333, 353, 153(A), 295(A) and 379 of the Indian Penal Code. The accusation is that informant being the Officer of Labour Department was deputed as Magistrate along with armed forces on 26.03.2018 at Ramesh Chouck, Maharajganj More, on the festival of Ramnavmi. While procession of Ramnavmi was moving ahead with customary weapons at about 1.30 P.M., but in the meantime, members of Muslim Community started pelting stones. Due to that reason stone pelting started from both sides, vehicles and shops were also put
Patna High Court Cr.Misc. No.29056 of 2018(2) dt.10-05-2018 2/2 on fire. At that time, 124 persons including the petitioners were identified by the local people.
Learned counsel for the petitioners submits that it would appear from the F.I.R. that petitioners are said to be the members of procession of Ramnavmi, indulged in stone pelting in course of stone pelting by the Muslim Community and no specific overt act has been attributed against the petitioners. Further submission is that petitioners have no criminal antecedent.
Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of thir arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad, in connection with Nagar (Town) P.S. Case No. 97 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T