Aditya Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58184 of 2018 Arising Out of PS.Case No. -102 Year- 2018 Thana -AURANGABAD TOWN DistrictAURANGABAD ====================================================== Aditya Singh, son of Shri Lallu Prasad Singh, resident of Mohalla Ward no. 5, Jai Maa Colony, Police Station - Aurangabad, District - Aurangabad. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Anil Kumar, Advocate. For the Opposite Party : Mr. Prem Kumar Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-10-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 147, 148, 149, 337, 323, 435, 436, 427, 307, 332, 333, 353, 153(A), 295(A), 379 and 120(B) of the IPC.

The prosecution story, in brief, is that as per joint order of the District Magistrate and the Superintendent of Police, Aurangabad, the informant Bankateshwar Ojha, Police Inspector, was on law and order duty on the eve of 'Ramnavmi Procession'. Accordingly, he alongwith forces was accompanying the process. As soon as the procession reached near Transformer installed on

Patna High Court Cr.Misc. No.58184 of 2018 (2) dt.08-10-2018 2/3 Nawadih Road, brick bats and stone chips were being pelted on the procession by Muslims. Meanwhile, perturbants present in procession went out of control, entailed panic situation and started setting fire here and there in town. A few of them were apprehended whose names find place in F.I.R. Apart from this several accused persons have been named who are still absconding.

It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. Relating to the same incident, seven cases were instituted. The alleged incident is said to have taken place on the eve of 'Ramnavami Procession '. General and omnibus allegation has been made. No specific allegation has been made against the petitioner. Other co-accused have been granted anticipatory bail by another Co-ordinate Benches of this Court vide Cr. Misc. No. 30658 of 2018 order dated 17.05.2018, Cr. Misc. No. 34944 of 2018 order dated 05.07.2018 and Cr. Misc. No. 49696 of 2018 order dated 03.10.2018.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R.

Patna High Court Cr.Misc. No.58184 of 2018 (2) dt.08-10-2018 3/3 Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Aurangabad, in connection with Town P.S. (Aurangabad) Case No. 102 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T