Kaushal Kishore Singh @ Sonu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34021 of 2016 Arising Out of PS.Case No. -129 Year- 2015 Thana -VIJAYPUR District- GOPALGANJ ====================================================== Kaushal Kishore Singh @ Sonu Singh S/o Lal Babu Singh, Resident of Village + P.S.- Uchaka Gau, Present resident of Village- Suahan P.S. Vijaieepur Dist- Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gauri Shankar Thakur, Advocate For the Opposite Party/s : Mrs. Rita Verma, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 29-08-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner apprehends his arrest in connection with Vijaieepur P.S. Case No. 129 of 2015 registered for the offence punishable under Sections 153A, 505(B) and 182/211 of the Indian Penal Code.

The prosecution case, in brief, is that Officer-incharge of Vijaieepur P.S. received phone call from the alleged mobile number of the petitioner that at village Matiari one Rafique Mian @ Ghora Mian was selling beef from his house, which aroused religious sentiment of the village people and large number of villagers from both communities assembled at the house of said Rafique Mian @ Ghora Mian. Police on investigation found the allegation false, hence, First Information Report has been

Patna High Court Cr.Misc. No.34021 of 2016 (2) dt.29-08-2016 2/2 registered against the petitioner on the basis of the mobile call of the petitioner, who is alleged to be the owner of the said mobile. It has been submitted by the learned counsel for the petitioner that petitioner has neither phoned from his mobile nor is a member of Hindu Youth Vahini. He submits that petitioner is innocent and has falsely been implicated in the aforesaid case.

However, learned A.P.P. for the State submits that petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Be that as it may, since petitioner has been implicated on the basis of suspicion, let the petitioner, named above, in the event of his arrest or surrender before the learned Court below within a period of eight weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj in connection with Vijaieepur P.S. Case No. 129 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Nilu Agrawal, J.) Arjun/- U T