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Patna High CourtCR. MISC./6288/2019bail granted

Sikandra Yadav @ Sikandar Yadav v. The State Of Bihar

2019-02-05Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6288 of 2019 Arising Out of PS. Case No.-302 Year-2018 Thana- DAUDNAGAR District- Aurangabad ====================================================== Sikandra Yadav @ Sikandar Yadav, aged about 40 years, Male, S/o Babulal Yadav Resident of Village- Paswa, P.S.- Daudnagar, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Binod Kumar No.3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 05-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Daudnagar P.S. Case No. 302 of 2018 registered for offences under sections 147, 148, 149, 323, 353, 332, 333, 109, 504, 342 of the Indian Penal Code. In the present case, an allegation has been made that the police party had gone to remove encroachment but, the mob of people surrounded the police party and started pelting stone causing injury to them.

Learned counsel for the petitioner submits that the main allegation has been made against Bharat Sao and Kamakhya Sao and no specific allegation has been made against the petitioner but, the petitioner was a member of the mob. There being no specific allegation against the

Patna High Court Cr.Misc. No.6288 of 2019(2) dt.05-02-2019 2/2 petitioner as also looking to the entire facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released 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 Sub-Divisional Judicial Magistrate, Daudnagar, Aurangabad in connection with Daudnagar P.S. Case No. 302 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioner for investigation/interrogation, he will remain present and if he would not present himself, the privilege of grant of anticipatory bail shall be deemed to have been canceled.

(Shivaji Pandey, J) rishi/- U T