Upendra Yadav @ Upendra Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18534 of 2019 Arising Out of PS. Case No.-144 Year-2017 Thana- TEKARI District- Gaya ====================================================== 1.

Upendra Yadav @ Upendra Kumar Son of Bhaju Yadav 2.

Dhananjay Yadav Son of Late Udit Yadav 3.

Dharmendra Kewat Son of Late Yogi Nisad 4.

Mithilesh Kewat Son of Somar Kewat 5.

Teni Yadav Son of Late Ramdev Yadav 6.

Pintoo Mian Son of Late Ishaque Mian 7.

Buta Mian Son of Late Jumrati Mian All Resident of Village- Chakmath, P.S.- Tekari, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Singh For the Opposite Party/s :

Ms. Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-05-2019 At the request of learned counsel for the petitioners that petitioner No.7 has been arrested. As such, application against petitioner no.7 is dismissed as withdrawn.

This is an application for grant of anticipatory bail in connection with Tekari P.S. Case No. 144 of 2017, disclosing offences under Sections 147, 148, 149, 447, 448, 427, 341, 342, 337, 338, 109, 307, 436, 379, 353, 504 and 506 of the Indian Penal code and Section 27 of the Arms Act.

Allegation against the petitioners and other accused persons is that they came armed with lathi, danda and other arms entered inside the police station premises raised slogans, attacked

Patna High Court CR. MISC. No.18534 of 2019(3) dt.06-05-2019 2/2 upon police party and damaged the vehicle and other articles and also set the motorcycle on fire and the petitioners are accused in five other cases.

Submission of learned counsel for the petitioners is that as a matter of fact villagers were aggrieved by inaction of the police on the sand Mafia and for that there were protesting and they have falsely been implicated in this case and no specific allegation has been attributed against any of them and other cases have also been lodged by the sand Mafia on police with respect to the same. Heard learned A.P.P. also.

Having heard both sides, in view of the facts and circumstances as stated above, let petitioner nos. 1 to 6, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/-( Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. VIth, Gaya in connection with Tekari P.S. Case No. 144 of 2017, subject to that condition that laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Amjad/SKSuman.

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