Amit Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22310 of 2016 Arising Out of PS.Case No. -191 Year- 2015 Thana -RIVILGANJ District- SARAN ====================================================== Amit Kumar Singh son of Kishori Singh resident of Village- Enai, P.S.- Revelganj, District- Saran.

.... .... Petitioner/s

Versus

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

For the Petitioner : Mr. Bashistha Narayan MIshra, Advocate Mr. Raghwendra Kumar, Advocate For the Opposite Party : Mr. Satyendra Prasad (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-08-2016 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 147, 148, 149, 341, 323, 324, 302, 307 and 427 of the Indian Penal Code.

Allegation against the petitioner is that he along with other accused persons misbehaved with the girls, who were going with the procession for immersion of Goddess Durga. Thereafter brick-batting started between both the parties. Brother of the informant was brutally assaulted and he died in course of treatment.

It has been submitted on behalf of the petitioner that for the same occurrence two cases were instituted. Petitioner has been made accused in that case also. Except for that there is no criminal antecedent against the petitioner. From perusal of the F.I.R. it is evident that general and omnibus allegation has been made against the petitioner and others. The alleged occurrence is said to have taken place at 2 o'clock in the night. No source of

Patna High Court Cr.Misc. No.22310 of 2016 (5) dt.24-08-2016 2/2 identification has been disclosed by the prosecution. Brick-batting is said to have taken place as some of the persons in the procession were misbehaving with the females. No allegation of causing injury has been attributed against the petitioner. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, Saran at Chapra, in connection with Revelganj P.S. Case no. 191 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) sudip/- U T