Shyambabu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5233 of 2022 Arising Out of PS. Case No.-47 Year-2021 Thana- DHANGAI District- Bhojpur ====================================================== 1.

SHYAMBABU YADAV S/o- Birendra Yadav Resident of Village- Dihiri, P.S.- Dhangai, District- Bhojpur.

2.

Santosh Yadav S/o- Bohola Yadav Resident of Village- Dihiri, P.S.- Dhangai, District- Bhojpur.

3.

Dablu Yadav S/o- Uma Shankar Yadav Resident of Village- Dihiri, P.S.- Dhangai, District- Bhojpur.

4.

Sanjay Yadav S/o- Madan Yadav Resident of Village- Dihiri, P.S.- Dhangai, District- Bhojpur.

5.

Ramesh Yadav S/o- Late Sheo Shankar Yadav Resident of Village- Dihiri, P.S.- Dhangai, District- Bhojpur.

6.

Umesh Yadav S/o- Late Sheo Shankar Yadav Resident of Village- Dihiri, P.S.- Dhangai, District- Bhojpur.

7.

Jangbahadur Yadav S/o- Baban Yadav Resident of Village- Dihiri, P.S.- Dhangai, District- Bhojpur.

8.

Chhotak Yadav S/o- Gorakh Yadav Resident of Village- Dihiri, P.S.- Dhangai, District- Bhojpur.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Md. Ataul Haque, Advocate For the Opposite Party/s :

Mr.Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-03-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the Office, within a period of four weeks.

A supplementary affidavit has been filed on behalf of

Patna High Court CR. MISC. No.5233 of 2022(2) dt.29-03-2022 2/3 the petitioners. The same be kept on record.

In the light of the statements made in the supplementary affidavit, learned counsel for the petitioner is directed to make necessary correction in paragraph 3 of the main application in course of the day.

The petitioners are apprehending their arrest in a case registered under Sections 147, 149, 341, 323, 324, 337, 338, 353, 427, 504 of the Indian Penal Code.

The prosecution allegation, in short, is that the accused persons protested against the arrest of accused and obstructed in official discharge of duty.

It has been submitted on behalf of the petitioners that the petitioner nos. 3 to 8 have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender

Patna High Court CR. MISC. No.5233 of 2022(2) dt.29-03-2022 3/3 before the learned court below within a period of twelve weeks from today, be released on anticipatory 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, Bhojpur at Ara in connection with Dhangai P.S. Case No. 47 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T