Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79822 of 2018 Arising Out of PS. Case No.-158 Year-2018 Thana- GORAUL District- Vaishali ====================================================== Kundan Kumar son of Suresh Ray, Resident of village- Narayanpur Bedauliya, P.S.- goraul, Dist.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar, Advocate For the Opposite Party/s :

Mr. Md. Ansarul Haque, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 16-01-2019 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Goraul P.S. Case No. 158 of 2018 dated 26.05.2018 instituted for the offences under Sections 147, 148, 149, 447, 153, 188 and 153(a) of the Indian Penal Code.

Though the petitioner is named in the FIR along with about 150 others for having created a ruckus when the police party had gone to remove encroachment/obstruction, but nothing specific has been alleged against him.

Learned counsel for the petitioner has further informed this Court that with respect to the same occurrence, two cases were lodged; one by the Sub-

Patna High Court Cr.Misc. No.79822 of 2018(2) dt.16-01-2019 2/2 Inspector of police and the other that is the present one by the Circle Officer. In the case which was lodged by the police officer wherein also the petitioner was made an accused, he has been granted bail.

Regard being had to the fact that the petitioner is not specifically alleged to have done anything and was member of the mob of around 150 people which had assembled at a place and had been performing Puja for the purposes of grabbing land, he is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Goraul P.S. Case No. 158 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Ashutosh Kumar, J) krishna/- U T