Mr. Alok Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.59944 of 2018 Arising Out of PS.Case No. -94 Year- 2018 Thana -AURANGABAD TOWN DistrictAURANGABAD ======================================================
1. Mr. Alok Kumar, S/o Arun Kumar Singh, aged about 21 years, R/o - Chhitornagar, New Area, P.S.- Town, District- Aurangabad. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nagadeo Choubey For the Opposite Party/s : Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-10-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 337, 323, 435, 436, 427, 307, 332, 333, 353, 153(A), 295(A) 379, 120B of the Indian Penal Code. The prosecution case, in brief, is that on the eve of Ramnavami procession, brick bats and stone chips were being pelted by Muslim of Islam Toli. Meanwhile, perturbants present in procession, started setting fire here and there in town. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. Altogether 100-132 persons were named in the FIR. The
Patna High Court Cr.Misc. No.59944 of 2018 (2) dt.10-10-2018 petitioner is not named in the FIR. His name has come in course of investigation. There is no other substantial evidence to suggest the implication of the petitioner in the present case. The other similarly situated co-accused have been granted anticipatory bail by a coordinate bench of this Court vide order dated 19-07-2018 passed in Cr. Misc. No. 42298 of 2018.
On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Town P.S. Case No. 94 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) A.K.V./- U T