Gopilal Khatri @ Arjun Prasad Khatri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4202 of 2018 Arising Out of PS.Case No. -197 Year- 2017 Thana -ARWAL District- JEHANABAD ====================================================== Gopilal Khatri @ Arjun Prasad Khatri Son of Late Gayalal Khatri, Resident of Village-Purani Arwal, P.S.+District-Arwal .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bindeshwar Kumar For the Opposite Party/s : Mr. Sri Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 01-02-2018 Heard the learned counsels for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Arwal P.S. Case No. 197 of 2017 dated 02.10.2017 instituted for the offences under Sections 47, 148, 149, 295-A, 153-A, 504, 506, 427, 448, 379 and 336 of the Indian Penal Code.

The petitioner along with many others (34 named accused persons) vandalized the houses of two of the persons of different religious community. It has been alleged in the FIR that the houses of Alimuddin Ansari and Nasim Idrish were ransacked and the holy Quran was also damaged. The vehicles parked outside the houses of the members of the other community were

Patna High Court Cr.Misc. No.4202 of 2018 (2) dt.01-02-2018 also damaged. Seeing the vehicle of the police administration, the accused persons fled away.

Learned counsel for the petitioner has submitted that merely because the petitioner happens to be from one particular community, he has been named in the FIR. Nothing specific has been alleged against him and apart from one other case, which was lodged for the same occurrence, the petitioner has not been made accused in any other case in the past.

It has also been submitted on behalf of the petitioner that out of 34 named accused persons, 13 accused persons have been granted the privilege of anticipatory bail. Let the petitioner above named 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 furnishing bail bond of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Arwal in connection with Arwal P.S. Case No. 197 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Ashutosh Kumar, J) KKSINHA/- U T