Ram Kumar Singh @ Ram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63873 of 2018 Arising Out of PS. Case No.-9 Year-2018 Thana- KALER District- Jehanabad ====================================================== Ram Kumar Singh @ Ram Kumar, Son of Late Dargahi Singh, Resident of Village- Paharpur, P.S.- Kaler, District- Arwal. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Dr.Mrityunjaya Kr.Gautam For the Opposite Party/s :

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

The petitioner seeks bail in anticipation of his arrest in connection with Kaler P.S. Case No. 9 of 2018 dated 21.03.2018 instituted for the offences under Sections 147, 148, 149, 341, 323, 506, 504, 337, 427, 353, 436 and 120(B) of the Indian Penal Code. One Baban Sao was arrested by the police in an unauthorized manner who later died in police custody. There was a protest against the arrest and killing of aforesaid Baban Sao. It has been alleged in the FIR that about 11 named and about 300/400 unnamed persons stormed the police station; the purpose being to look for aforesaid Baban Sao. In the process, the government property was damaged and loot and arson was committed by the members of the mob.

Patna High Court Cr.Misc. No.63873 of 2018(2) dt.12-12-2018 2/2 Learned counsel appearing for the petitioner has submitted that he was not named in the FIR and his name has only transpired during the course of investigation. He has denied of having taken part in the affray. No specific accusation has been levelled against the petitioner. In fact, most of the persons of the locality/village have been made accused in this case because of police machination.

Considering the aforesaid facts as also taking into account that the petitioner in the past was only made an accused in another case of a minor nature, he 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 Sub-Divisional Judicial Magistrate, Arwal in connection with Kaler P.S. Case No. 09 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T