Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54253 of 2019 Arising Out of PS. Case No.-246 Year-2018 Thana- THAWE District- Gopalganj ====================================================== RAHUL KUMAR Son of Late Bhola Choudhary Resident of Village - Dhatiwana, P.S.- Thawe, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Naresh Prasad For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Thawe P.S. Case No.246 of 2018 registered under Sections 147, 148, 149, 341, 323, 337, 338, 379, 436, 427, 506, 295, 295(A) and 307 of the Indian Penal Code.

The accusation is that while the informant was getting the mosque on his land constructed, at that time, the members of the Hindu Community variously armed with weapons came there and started to damage the construction of the mosque. When the informant made protest, they started to commit "Maar-Peet" with him and others. They also took away the articles from the premises of the mosque and also set fire the house of the informant on fire and fled away from there after taking Rs.1,00,000/- and other articles.

Patna High Court CR. MISC. No.54253 of 2019(3) dt.04-09-2019 2/2 Learned counsel for the petitioner submits that while the petitioner is named in the F.I.R. along with 105 accused but no specific overt act is attributed to him. Further submission is that the similarly situated co-accused Satya Prakash Singh alias Sat Prakash Singh and 7 others have already been granted the privilege of prearrest bail by a Bench of this Court vide order dated 27.03.2019 passed in Criminal Misc. No.17762 of 2019. The petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj, District-Gopalganj, in connection with Thawe P.S. Case No.246 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T