Sumar Kumar Singh @ Suman Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56995 of 2019 Arising Out of PS. Case No.-54 Year-2017 Thana- MORO District- Darbhanga ====================================================== SUMAR KUMAR SINGH @ SUMAN KUMAR SINGH S/o Ganesh Prasad Singh, R/o village- Ahila East Tola, Ward No. 6, P.S.- Bahadurpur, DistrictDarbhanga ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjit Kumar Yadav For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-09-2019 Heard both sides.

The petitioner apprehends his arrest in Moro P.S. Case No.54 of 2017 registered under Sections 153, 153A, 295, 295A, 120B and 353 of the Indian Penal Code.

The informant alleged in his written statement that on 02.09.2017 on the eve of Id-ul-zuha some anti-social elements bent upon to create religious hatred and disturb communal harmony. It is further alleged that on 06.09.2017 at about 16:52 hrs. one person called from mobile no.9006529711 on mobile no.9471950495. The owner of mobile no.9006529711 was insisting the petitioner to create religious hatred and communal disturbance.

Learned counsel for the petitioner submits that no

Patna High Court CR. MISC. No.56995 of 2019(2) dt.12-09-2019 2/2 voice recorder was placed. There is nothing on record to show that the petitioner uttered any single word causing any religious disturbance and communal tension. The occurrence is said to have taken place on 02.09.2017. On that day, somebody threw some articles near Moro Mahadeo Temple in order to spread communal tension and the petitioner is made accused on the basis of the fact that someone called the petitioner on his mobile on 06.09.2017.

Having considered the facts and the nature of allegation made against the petitioner, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to 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 A.C.J.M. VII, Darbhanga in connection with Moro P.S. Case No.54 of 2017, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T