Biru Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8514 of 2020 Arising Out of PS. Case No.-17 Year-2019 Thana- SAKSOHRA District- Patna ====================================================== 1.
BIRU YADAV Son of Baldev Yadav Resident of Village - Dariyapur, P.S.- Belchi, Distt - Patna.
2.
Babloo Kumar @ Babloo Yadav Son of Kishori Yadav Resident of Village - Dariyapur, P.S.- Belchi, Distt - Patna.
3.
Dharmendra Yadav @ Bhushi Yadav Son of Sukhdev Yadav Resident of Village - Dariyapur, P.S.- Belchi, Distt - Patna. 4.
Gorelal Yadav Son of Baldev Yadav Resident of Village - Dariyapur, P.S.- Belchi, Distt - Patna.
5.
Gajo Kumar @ Gajo Yadav Son of Bhajan Yadav Resident of Village - Dariyapur, P.S.- Belchi, Distt - Patna.
6.
Rajeev Kumar @ Rajeev Yadav Son of Ram Naresh Yadav Resident of Village - Dariyapur, P.S.- Belchi, Distt - Patna. 7.
Rahul Yadav Son of Gajendra Yadav Resident of Village - Dariyapur, P.S.- Belchi, Distt - Patna.
8.
Kant Kumar @ Kant Yadav Son of Birvaj Yadav Resident of Village - Dariyapur, P.S.- Belchi, Distt - Patna.
9.
Pintu Kumar @ Pintu Yadav Son of Bhajan Yadav Resident of Village - Dariyapur, P.S.- Belchi, Distt - Patna.
10.
Kaku Yadav Son of Ram Padarath Yadav Resident of Village - Dariyapur, P.S.- Belchi, Distt - Patna.
11.
Kishori Yadav Son of Nanmaku Yadav Resident of Village - Dariyapur, P.S.- Belchi, Distt - Patna.
12.
Gajendra Yadav Son of Ram Naresh Yadav Resident of Village - Dariyapur, P.S.- Belchi, Distt - Patna.
13.
Arvind Yadav Son of Bineshar Yadav Resident of Village - Dariyapur, P.S.- Belchi, Distt - Patna.
14.
Munilal Yadav @ Munilal Son of Gokul Yadav Resident of Village - Dariyapur, P.S.- Belchi, Distt - Patna.
2/4 ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar For the Opposite Party/s :
Ms.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-03-2020 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in connection with Saksohra P.S. Case no. 17 of 2019 instituted for the offence under Section(s) 147,149,341, 186, 353 of the Indian Penal Code.
These fourteen (14) petitioners have been named along with other 50-60 unknown persons in the prosecution case alleging blockade of National Highway 30A for four (04) hours. It is alleged that since one person (son-in-law) of petitioner no.1 had died in road accident, these people have set up the road blockade.
Petitioners' counsel submits that the prosecution case is false and fabricated. The son- in- law of petitioner no.1 had, in fact, been murdered and the petitioners' being family members had gone to receive his dead body as their villages was 2-3 km away from the road blockade. It is only because they were
3/4 waiting for being handed over the dead body that they have been falsely implicated in the instant case. The petitioner no.2 has one criminal antecedents in Belchi P. S. Case no. 17 of 2019, in which case, he is already on bail. The other petitioners have no criminal antecedents.
The learned APP for the State opposed the prayer for anticipatory bail.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, before the court below, within four (04) weeks from today, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the J.M, 1st Class, Barh, Patna, in connection with Saksohra P. S .Case no. 17 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P.C. subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners.
4/4 (ii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) shyambihari/- U T