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Patna High CourtCR. MISC./68167/2019bail granted

Gautam Kumar @ Gauttam Kumar v. The State Of Bihar

2019-11-15Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68167 of 2019 Arising Out of PS. Case No.-128 Year-2019 Thana- BARUN District- Aurangabad ====================================================== Gautam Kumar @ Gauttam Kumar, aged about 26 years, Gender-Male, Son of Shiopujan Singh, resident of Village - Jogiya, P.S.- Barun, DistrictAurangabad (Bihar) ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar Mr. Nawal Kishore Singh, Adv.

For the Opposite Party/s :

Mr. Dashrath Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-11-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner apprehends his arrest in connection with Barun P.S. Case No. 128 of 2019, registered for the offence under Sections 147,148, 149, 153, 153(A), 295(A), 323, 341, 307, 353, 337, 427, 504 of the Indian Penal Code. Accusation is that on 30.05.2019 at about 17.30 P.M., the informant received information that tension in between the people of both Hindu and Muslim communities has arisen in Jogia Market within Barun Police Station. On the said information, the informant along with police force reached the spot and saw that about 60 people from both sides, armed with

Patna High Court CR. MISC. No.68167 of 2019(2) dt.15-11-2019 2/2 sticks, Lathis, swords and spear, were raising salogans religiously against each other as well as against police administration, which might be started as riot. Submission is that there is general and omnibus allegation against the petitioner and no any overt has been attributed against the petitioner. Further submission is that similarly situated several co-accused have been granted privilege of anticipatory bail vide order dated 23.07.2019 passed in Cr.Misc.No.45493 of 2019. The petitioner has no criminal antecedent.

Having considered the facts and circumstances of the case as well as the fact that similarly situated accused persons have been granted privilege of anticipatory bail, let the petitioner, above named, in the event of his arrest or surrender within six weeks from today, 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 Chief Judicial Magistrate, Aurangabad in connection with Barun P.S. Case no.128 of 2019, subject to conditions as laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) nawalkrs/- U T