Rahul Ranjan @ Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69410 of 2018 Arising Out of PS. Case No.-546 Year-2018 Thana- BODHGAYA District- Gaya ====================================================== Rahul Ranjan @ Rahul Kumar, S/o Shiv Sharan Paswan @ Shiv Ratan Paswan, Resident of Mohalla- Manpur Gandhi Nagar, P.S. and P.O.- Manpur, District- Gaya.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dharmendra Kumar Sinha For the Opposite Party/s :

Mr. Sri Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 19-12-2018 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Bodh Gaya P.S. Case No. 546 of 2018 dated 17.09.2018 instituted for the offences under Sections 147, 148, 149, 323, 307, 379 and 504 of the Indian Penal Code and Section 27 of the Arms Act.

One Chandrika Singh was stopped for a while from proceeding ahead because of Muharram procession. This enraged him and he thereafter came along with many persons including the petitioner and opened fire at the informant and others. The shops of the people of a particular community was also ransacked. Many rounds of firing are also alleged to have been resorted to. Learned counsel appearing for the petitioner has submitted that though he has been named in the

Patna High Court Cr.Misc. No.69410 of 2018(2) dt.19-12-2018 2/2 FIR but no specific accusation has been levelled against him. In fact, the falsity of the allegation further appears from the fact that several rounds of firing are alleged to have been resorted to but nobody has been injured in the occurrence. It appears that there had been some communal tension in the area and because of that, the petitioner and others have been made accused in this case.

In any view of the matter, there being no specific accusation against the petitioner and also taking into account that he is a student of Graduation having no criminal history, the petitioner above named is directed to 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 his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Bodh Gaya P.S. Case No. 546 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T