The High Court granted bail to three petitioners accused in a communal clash case involving offences under Section 307 IPC and the Arms Act, directing them to furnish bonds with sureties.
Petitioners to be enlarged on bail on furnishing bonds of Rs.10,000 each with two sureties of the like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26033 of 2018
Arising Out of PS. Case No.-95 Year-2018 Thana- AURANGABAD TOWN DistrictAurangabad
======================================================
Sonu Kumar @ Sonu Nigam, aged about 24 years, Son of Kamdeo Singh @ Kamaldeo Singh, Resident of Mohalla- Club Road, Aurangabad, P.S.- Town, District- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
With
Criminal Miscellaneous No. 26169 of 2018
Arising Out of PS. Case No.-95 Year-2018 Thana- AURANGABAD TOWN DistrictAurangabad
======================================================
Mantu Sah S/o Late Jagdish Sah, R/o Vill.- Fatehpur, Samastipur, P.S.Shahpur Kamal, District- Begusarai, At present R/o Pokhara Mohalla, P.S.Aurangabad (Town), District- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
With
Criminal Miscellaneous No. 26036 of 2018
Arising Out of PS. Case No.-95 Year-2018 Thana- AURANGABAD TOWN DistrictAurangabad
======================================================
Rahul Kumar, S/o Santosh Singh @ Santosh Kumar Singh, Resident of village- Dihuli, P.S.- Madanpur, District- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance : (In Criminal Miscellaneous No. 26033 of 2018) For the Petitioner/s : Mr. Rajendra Pd. Singh, Sr. Advocate Mr. Gyanendra Kumar Diwakar For the Opposite Party/s : Mr. Uday Pratap Singh (In Criminal Miscellaneous No. 26169 of 2018) For the Petitioner/s : Mr. Ashok Kumar Singh
Patna High Court Cr.Misc. No.26033 of 2018(2) dt.02-05-2018 2/3
For the Opposite Party/s : Mr. Indra Kumar Singh (In Criminal Miscellaneous No. 26036 of 2018) For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Ram Sumiran Roy ======================================================
CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER
2 02-05-2018
Heard learned counsel for the petitioners and learned
APP for the State.
Petitioners seek bail in connection with Nagar(Town) P.S. Case No. 95 of 2018 for offences punishable under Section 307 and other allied Sections of the Indian Penal Code and Section 27 of the Arms Act.
The prosecution case, as lodged by the police and administrative officials, is that while Ramnavmi procession was crossing the Muslim mohalla, there was some communal disharmony between the two communities on account of which there was brick-batting, firing and some people set fire and police had to resort to tear gas. As many as 89 persons have been named in the First Information Report and there were 100 unknown.
It has been submitted by the learned counsel for the petitioners that they are innocent, general and omnibus allegations have been levelled against them and there was a mob attack and individually no injury or alleged occurrence can be attributed. It is further submitted that some of the co-accused
Patna High Court Cr.Misc. No.26033 of 2018(2) dt.02-05-2018 3/3
have been granted privilege of bail by coordinate Benches of this Court, one of them being Cr. Misc. No. 25875 of 2018 vide order dated 01.05.2018.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioners, above named, be enlarged on bail on furnishing bail bonds of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, in connection with Nagar(Town) P.S. Case No.95 of 2018.
(Nilu Agrawal, J)
Rajesh/-
U T
1 issue framed by the court
Whether to grant bail to the petitioners accused under Section 307 IPC and Arms Act.
2 provisions across 2 enactments
Sonu Kumar @ Sonu Nigam
Mantu Sah
Rahul Kumar
The State of Bihar
Nilu Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
