Raju Kumar Singh @ Jhuna Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1770 of 2018 Arising Out of PS.Case No. -299 Year- 2017 Thana -NOKHA District- SASARAM (ROHTAS) ====================================================== Raju Kumar Singh @ Jhuna Singh, Son of Late Kameshwar Singh, Resident of Village - Nokha, (Ward No. 03), Police Station - Nokha, District - Rohtas (Bihar).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sandip Singh For the Opposite Party/s : Mr. Sri Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 12-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 353, 436, 427, 504, 153A, 295A and 505 (1) (c) (wrongly written in the FIR as 505(C)) of the Indian Penal Code.

The prosecution case as per the self statement of Shashi Bhushan Kumar, SHO of Nokha Police Station dated 02.10.2017, is to the effect that on 01.10.2017 the members of the Durgapuja Committee violated the norms during

Patna High Court Cr.Misc. No.1770 of 2018 (2) dt.12-01-2018 2/3 the immersion of idol of Goddess Durga, when stones were pelted by the Hindu and Muslim Community. The mob also set ablaze a shop of a person of Muslim Community. It is alleged that the petitioner instigated the mob.

It is submitted by learned counsel for the petitioner that the accusation is against the mob. The petitioner has only been named on suspicion. The FIR has been lodged against 92 named and 500 unknown. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. It is further submitted that similarly situated accused persons have been granted bail vide Cr. Misc. Nos. 56358 of 2017 and 61036 of 2017.

Learned APP submits that the petitioner is named in the FIR.

Considering the accusation against the mob and a statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial

Patna High Court Cr.Misc. No.1770 of 2018 (2) dt.12-01-2018 3/3 Magistrate, Sasaram, Rohtas in connection with Nokha P.S. Case No. 299 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T