Abdullah Raja v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38250 of 2018 Arising Out of PS.Case No. -98 Year- 2018 Thana -AURANGABAD TOWN DistrictAURANGABAD ====================================================== Abdullah Raja, S/o Aftab Alam, Resident of Mohalla- Azad Nagar, P.S.- Aurangabad Town, District- Aurangabad.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shailesh Kumar Singh For the Opposite Party/s : Mr. Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 06-07-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody since 30.03.2018 in connection with Aurangabad Town P.S. Case No. 98 of 2018 for offences punishable under Sections 147, 148, 149, 337, 323, 435, 436, 427, 307, 332, 295(A), 333, 353, 153A, 379, 120(B) of the Indian Penal Code.
The prosecution case, as lodged by the Junior Engineer MANREGA, is that he was deputed on law and order duty and Ramnavami procession was being taken out,
Patna High Court Cr.Misc. No.38250 of 2018 (2) dt.06-07-2018 2/3 communal riot between two communities near Khatta-Mitha Restaurant started. 129 named in the F.I.R. resorted to arson and firing and the put the whole town ablaze. The petitioner is named in the F.I.R.
It has been submitted by the learned counsel for the petitioner that he is innocent and altogether with the present case five cases has been instituted against him on the same date for the same occurrence. He submits that there was a mob attack and it is not ascertainable as to who were the main participants as general and omnibus allegations have been levelled. He submits that some of the co-accused have been granted the privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 33353 of 2018 and other analogous cases vide order dated 06.06.2018.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, in connection
Patna High Court Cr.Misc. No.38250 of 2018 (2) dt.06-07-2018 3/3 with Aurangabad Town P.S. Case No. 98 of 2018. (Nilu Agrawal, J) Devendra/- U T