Abhishek Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65876 of 2019 Arising Out of PS. Case No.-99 Year-2018 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== ABHISHEK KUMAR SINGH, Son of Birendra Prasad Singh @ Birendra Prasad Singh Resident of Village-Krishnapuri, P.S.-Aurangabad(Town), District-Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Pancha Nand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Aurangabad (Town) P.S. Case no. 99 of 2018, registered under Sections 147, 148, 149, 337, 323, 435, 436, 427, 307, 332, 333, 353, 153(A), 295(A), 122(B) and 379 of the Indian Penal Code.

The accusation is that in course of procession of Ramnaumi, the mob present in the procession started raising offensive slogans against different community and in that course they also started pelting stones. At that time, 68 persons were apprehended by the Police, who disclosed the name of 21 other persons, who were indulged in the activity.

Patna High Court CR. MISC. No.65876 of 2019(2) dt.04-11-2019 2/2 Learned counsel for the petitioner submits that petitioner was not apprehended on the spot, rather, his name has been disclosed by the persons, who were apprehended on the spot. The petitioner has no criminal antecedent, except, six other cases lodged regarding the same occurrence. Further submission is that similarly situated co-accused Navin Kumar Sinha and three others have already been granted privilege of pre-arrest bail by a co-ordinate Bench of this Court on 24.01.2019 vide Criminal Miscellaneous No. 3179 of 2019. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.

10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad in connection with Aurangabad (Town) P.S. Case No. 99 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T