Vijay Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38726 of 2018 Arising Out of PS.Case No. -94 Year- 2018 Thana -AURANGABAD TOWN DistrictAURANGABAD ======================================================

1. Vijay Ram S/o Late Raghu Ram, R/o Mohalla- Dharnidhar Road, Baratpur, P.S.- Town, District- Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-07-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Aurangabad (Town) P.S.Case No.94 of 2018 , registered for offences punishable under Sections 307, 147, 148, 149, 504, 436, 427, 160, 295(A), 353 of the Indian Penal Code. Allegation against the petitioner as per FIR is that during the Ramnavmi procession some miscreants tried to disturb the communal harmony and several accused persons have been named in the FIR and petitioner has been named .

Submission of the learned counsel for the petitioner is that he has been named only because his motorcycle was found there and the petitioner is Sweeper in the Civil Court and he had parked the motorcycle near that and that is why he has been made accused

Patna High Court Cr.Misc. No.38726 of 2018 (2) dt.04-07-2018 2/2 and nothing has been attributed against him.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Aurangabad in connection with Aurangabad (Town) P.S.Case no.94 of 2018 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With 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 co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T