Shambhu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56094 of 2018 Arising Out of PS. Case No.-30 Year-2018 Thana- WAJIRGANJ District- Gaya ====================================================== Shambhu Singh Son of late Banbari Singh Resident of Village- Singathiya, Police Station- Wazirganj, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailesh Kumar For the Opposite Party/s :

Mr. Sri Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-12-2018 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Wazirganj P.S. Case No. 30 of 2018 dated 25.01.2018 instituted for the offences under Sections 147, 148, 149, 341, 342, 283, 290, 431, 427 and 353 of the Indian Penal Code and Section 3/4 of the Prevention of Damage to Public Property Act, 1984.

The accused persons are alleged to have obstructed traffic and indulged in loot and arson against the screening of a film "Padmawat". The aforesaid act was committed because according to the accused persons, the screening of the movie offended the sentiments of a particular community.

Patna High Court Cr.Misc. No.56094 of 2018(2) dt.10-12-2018 2/2 Learned counsel for the petitioner has submitted that the petitioner was not named in the FIR. In fact, the petitioner was only a by-stander who was watching what others were doing. When the situation went out of control, he ran away, leaving behind his motorcycle. Only on the basis of his motorcycle having been recovered near the place where the occurrence is said to have taken place, he has been made accused in this case.

Considering the aforesaid fact as also taking into account that the petitioner does not have any criminal antecedent, the petitioner 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, Gaya in connection with Wazirganj P.S. Case No. 30 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C.

krishna/- (Ashutosh Kumar, J) U T