Baleshar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13821 of 2021 Arising Out of PS. Case No.-103 Year-2020 Thana- SABAUR District- Bhagalpur ====================================================== 1.

Baleshar Yadav, aged about 65 years, male, S/O Damodar Yadav 2.

Anil Yadav, aged about 55 years, male, S/O Jhabban Yadav 3.

Sudhir Yadav, aged about 31 years, male, S/O Jaihind Yadav @ Jaihindra Yadav All are R/O Village- Ali Nagar, P.S.- Sabour, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar Jha, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 03-01-2022 Heard the counsel for the parties.

The petitioners seek bail in anticipation of their arrest in connection with Sabour P.S. Case No. 103 of 2020, dated 13.04.2020, instituted for the offences under Sections 147, 148, 149, 323, 504, 506, 307 and 354(b) of the Indian Penal Code.

The accusation against the accused persons

Patna High Court CR. MISC. No.13821 of 2021(2) dt.03-01-2022 2/3 including the petitioners is of assaulting the members of the prosecution party for not having withdrawn the murder case in which some of the accused persons are accused. It has been submitted on behalf of the petitioners that 33 persons have been made accused in this case with 21 persons having been named in the F.I.R. The petitioners though are named in the F.I.R., but there is no specific accusation against them. In fact, the accusation of assault is against 7 of the accused persons, none of whom are the petitioners before this Court.

Though some of the victims have received injuries, most of which are simple in nature and with respect to some of them, its nature has not been assessed, but the counsel for the petitioners seeks anticipatory bail on their behalf as they are not attributed with any overt act.

The petitioners are also not accused in the aforenoted murder case.

Regard being had to the facts afore-stated, the petitioners, in the event of their arrest or surrender before the learned Court below within a period of four weeks, are

Patna High Court CR. MISC. No.13821 of 2021(2) dt.03-01-2022 3/3 directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Sabour P.S. Case No. 103 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T