Nand Kishor Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30658 of 2018 Arising Out of PS.Case No. -102 Year- 2018 Thana -AURANGABAD TOWN DistrictAURANGABAD ====================================================== Nand Kishor Singh, S/o Late Ugrah Singh @ Ugrah Narayan Singh, R/o Village - Gangati, P.O. - Aurangabad, P.S. - Aurangabad Town, District - Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajeev Kumar Singh For the Opposite Party/s : Mr. Sri Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 17-05-2018 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, 337, 323, 435, 436, 427, 307, 332, 333, 353, 153A, 295A, 379 and 120B of the Indian Penal Code.

The prosecution case as per the written report of Bankteshwar Ojha, Sub-Inspector of Police, Police Line, Aurangabad submitted to the Station House Officer, Aurangabad Town P.S. is to the effect that the informant was on duty to maintain law & order on the eve of Ram Nawmi procession and was escorting the procession. When the procession reached at

Patna High Court Cr.Misc. No.30658 of 2018 (2) dt.17-05-2018 G.T. Road, certain miscreants from Muslim community pelted stones, as a result of which the Magistrates and police personnel received injuries. Both sides raised slogans against each other and set the vehicles and shops on fire. Subsequently, 48 persons were apprehended and 38 were named by the apprehended persons and local people. The petitioner is named in the FIR. It is submitted by learned counsel for the petitioner that for the same incident other cases were also lodged. The accusation is against the mob. The petitioner is not having any criminal antecedent except that he is accused in one another case being Aurangabad (T) P.S. Case No. 101 of 2018 lodged for the same incident.

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

Considering the accusation against the mob, let the above named petitioner be released on anticipatory bail provisionally for six months 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 Chief Judicial Magistrate, Aurangabad in connection with Aurangabad (T) P.S. Case No. 102 of 2018,

Patna High Court Cr.Misc. No.30658 of 2018 (2) dt.17-05-2018 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The provisional bail of the petitioner will be confirmed by the learned Court below on getting a report from the concerned police station about the good conduct of the petitioner. (Dinesh Kumar Singh, J) DKS/- U T