The Patna High Court granted bail to the petitioner, who was in judicial custody facing multiple charges related to riots and communal violence, upon furnishing a bail bond of Rs. 10,000 with two sureties.
Petitioner to be enlarged on bail upon furnishing a bond of Rs. 10,000 with two sureties of the like amount.
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.38287 of 2018
Arising Out of PS.Case No. -100 Year- 2018 Thana -AURANGABAD TOWN DistrictAURANGABAD
====================================================== Abdullah Raja, S/o Aftab Alam, resident of Mohalla Azad Nagar, P.S. Aurangabad Town District- Aurangabad.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Shailesh Kumar Singh For the Opposite Party/s : Mr. Smt. Pushpa Sinha
====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER
2 06-07-2018 Heard learned counsel for the petitioner and learned
APP for the State.
Petitioner is languishing in judicial custody since 30.03.2018 in connection with Aurangabad Town P.S. Case No. 100 of 2018 for offences punishable under Sections 147, 148, 149, 337, 323, 435, 436, 427, 307, 332, 295(A), 333, 353, 153A, 295(A), 379, 120(B) of the Indian Penal Code.
The prosecution case, as lodged by the Junior Engineer MANREGA, is that he was deputed on law and order duty and Ramnavami procession was being taken out, communal riot between two communities near Khatta-Mitha Restaurant started. 99 named in the F.I.R. resorted to arson and firing and the put the whole town ablaze. The petitioner is
Patna High Court Cr.Misc. No.38287 of 2018 (2) dt.06-07-2018
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named in the F.I.R.
It has been submitted by the learned counsel for the petitioner that he is innocent and altogether with the present case five cases has been instituted against him on the same date for the same occurrence. He submits that there was a mob attack and it is not ascertainable as to who were the main participants as general and omnibus allegations have been levelled. He submits that some of the co-accused have been granted the privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 33353 of 2018 and other analogous cases vide order dated 06.06.2018.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 learned Chief Judicial Magistrate, Aurangabad, in connection with Aurangabad Town P.S. Case No. 100 of 2018.
(Nilu Agrawal, J)
Devendra/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail upon furnishing a bail bond and sureties in the present criminal case.
Abdullah Raja
The State of Bihar
Nilu Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
