Prakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68915 of 2018 Arising Out of PS. Case No.-100 Year-2018 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Prakash Kumar, S/o Chhotelal Choudhary @ Chhote Chaudhary, resident of Mohalla-new area Sishodiya Nagar, P.S. Town Aurangabad, DistrictAurangabad. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar For the Opposite Party/s :

Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-12-2018 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, 120(B)of the Indian Penal Code. The prosecution case, in brief, is that in the procession on the eve of Ramnavami, tense situation was created and there was likelihood to create some problem of law and order situation and in consequence thereof, a few small incidents happened. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The alleged occurrence is said to have taken place on the eve of Ramnavami. Six F.I.Rs. have been instituted with regard to the same occurrence. Altogether 124 persons were named in the FIR. No

Patna High Court Cr.Misc. No.68915 of 2018(2) dt.17-12-2018 2/2 specific overt act has been attributed to the petitioner. General and omnibus allegation has been made against the petitioner. The other co-accused namely Aditya Singh with similar allegation have been granted anticipatory bail by this court vide order dated 10-10-2018 passed in Cr. Misc. No. 57822 of 2018.

On behalf of the State, it is submitted that the petitioner is 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. (Aurangabad) Case No. 100 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