Babu Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53396 of 2016 Arising Out of PS.Case No. -595 Year- 2015 Thana -SASARAM MUFFSIL District- SASARAM (ROHTAS) ======================================================

1. Babu Yadav, S/o Late Lakhan Yadav, R/o Village- Amratalab, P.S.- Sasaram (M), District- Rohtas.

2. Bablu Dubey, Son of Late Lal Dubey, R/o Village- Badhaiya Bag, P.S.- Sasaram (M), District- Rohtas.

3. Pappu Keshari, Son of Jagarnath Keshari.

4. Wakil Yadav, Son of Tekhar Yadav.

5. Shyam Sundar, Son of Devnath Sah.

6. Sunny Kumar, Son of Uday Keshari.

Sl. Nos. 3 to 6 R/o Village- Amratalab, P.S.- Sasaram (M), DistrictRohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 23-12-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Sasaram (M) P.S. Case No.595 of 2015 registered under Sections 147, 148, 149, 323, 324, 326, 337, 338, 353, 307, 427, 379 and 120(B) of the Indian Penal Code besides Section 27 of the Arms Act, Sections 4/40 of Bihar Mining Act and Sections 33, 41 and 42 of the Indian Forest Act.

Patna High Court Cr.Misc. No.53396 of 2016 (3) dt.23-12-2016 2/3 The accusation is that a truck loaded with stone chips was intercepted by the police and when the same was being taken to the police station, mob attacked upon the police officials by pelting stones and also resorted to firing. The informant being the police official also fired through his service revolver to disperse the mob in which the informant and other police personnel sustained injuries.

Learned counsel appearing on behalf of the petitioners submits that it would appear from the F.I.R. that 52 persons including the petitioners are named in the F.I.R. alongwith 30-35 unknown but there is general and omnibus allegation against the petitioners and others. Further submission is that the petitioners have no criminal antecedents and the similarly situated co-accused Ramesh Choudhary has already been granted anticipatory bail by a Bench of this Court vide order dated 21.09.2015 passed in Criminal Misc.No.37865 of 2015.

Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Rohtas at Sasaram, in

Patna High Court Cr.Misc. No.53396 of 2016 (3) dt.23-12-2016 3/3 connection with Sasaram(M) P.S. Case No.595 of 2015, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T