Avinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73791 of 2019 Arising Out of PS. Case No.-99 Year-2018 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== AVINASH KUMAR Son of Sunil Kumar Resident of Village - Gandhi Nagar, Ward No.33, P.S. and Distt. - Aurangabad.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate Mr. Pramendra Kumar Singh, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 337, 323, 435, 436, 427, 307, 332, 333, 353, 153(A), 295(A), 379 and 122(B) of the Indian Penal Code. As per the allegation in the FIR, as a result of disturbance between two communities at the time of Ramnavami, somehow the situation was brought under control. It is further stated that on the date of occurrence, while the procession was moving, some people pelted stone as a result of which the mob became out of control and started creating disturbance and destroying public property. As such, FIR was registered against 68 named persons and on the statement of the

Patna High Court CR. MISC. No.73791 of 2019(2) dt.20-11-2019 2/2 local persons, names of 21 others were given as also 100 unknown.

It is submitted by learned counsel for the petitioner that the name of the petitioner transpired on suspicion in course of investigation. At worst, he can be said to be a member of the mob and the other cases in which he has been made accused also arise out of the same occurrence.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Aurangabad Town Police Station Case No. 99 of 2018, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Partha Sarthy, J) Kundan/- U T