Chhotan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38972 of 2018 Arising Out of PS.Case No. -47 Year- 2018 Thana -NABINAGAR District- AURANGABAD ====================================================== Chhotan Kumar S/o Akhilesh Singh, R/o Vill.- Damari Bigha, P.S.- Nabinagar, District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Satyendra Kumar Srivastava For the Opposite Party/s : Mr. Sri Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 10-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 27.02.2018 in connection with Nabinagar P.S. Case No. 47 of 2018 for offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 354, 435, 353, 332, 333, 379, 427, 504 and 120(B) of the Indian Penal Code.

The prosecution case, as lodged by the police personnel, is that on the death of a young boy, the villagers got violent and when police party reached there, they resorted to brick bating and injured the police personnel. As many as 51 persons have been named in the F.I.R. and 400 unknown persons had assembled. Petitioner is named in the F.I.R.

Patna High Court Cr.Misc. No.38972 of 2018 (2) dt.10-07-2018 2/2 It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history, no specific allegation has been levelled against him and he was just a passer by. He submits that one of the accused has been granted the privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 36193 of 2018 vide order dated 29.06.2018 who was also named accused in the mob attack.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 Additional Chief Judicial Magistrate-I, Aurangabad in connection with Nabinagar P.S. Case No. 47 of 2018.

(Nilu Agrawal, J) Devendra/- U T