Patna High CourtCR. MISC./25325/2016bail granted

Guddu Kumar v. The State Of Bihar

2016-06-22Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25325 of 2016 Arising Out of PS.Case No. -68 Year- 2016 Thana -GOPALGANJ CITY District- GOPALGANJ ====================================================== Guddu Kumar, Son of Surendra Sah, Resident of Village- Tribirva, P.S.- Gopalganj, District- Gopalganj.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Harendra Prasad For the Opposite Party/s : Mr. Sri Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-06-2016 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in a case registered for the offence punishable under sections 147, 148, 149, 307, 323, 332, 295, 353, 295A, 427, 488 of the Indian Penal Code. Prosecution case is that Mukesh Kumar Singh and the members of Saraswati Puja Samiti were going to immerse the idol of Goddess Saraswati towards Kotwan. In the meantime, 15-20 persons of muslim community started pelting bricks on Saraswati idol immersion procession. Subsequently, on return of the processionists both the community got prepared to make assault to each other and with the help of police force crowd were scattered. Some people of Muslim community climbed over the roof of Manan Mian and Mashruddin Mian and started brick-batting, as a result of which S.I. Binod Kumar Pandey and the Magistrate

Patna High Court Cr.Misc. No.25325 of 2016 (2) dt.22-06-2016 received injuries on their person.

It is submitted by the learned counsel for the petitioner that the accusation is not specific against the petitioner though accusation has been levelled against the mob. Statement has been made in paragraph 3 of the application that the petitioner has no criminal antecedent.

Considering the aforesaid facts, let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of twelve weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj in Gopalganj (Town) P.S.Case No. 68/2016, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Surendra/- U