Rohit Yadav @ Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9977 of 2023 Arising Out of PS. Case No.-405 Year-2021 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== ROHIT YADAV @ ROHIT KUMAR S/O LATE SWARATH YADAV Resident of Village- Bahadurpur, P.S.- Bahadurpur, District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Karn For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-05-2023 Heard Mr. Sunil Kumar Karn, learned counsel for the petitioner and Dr. Indiwar Kumari, learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Sadar PS Case No. 405 / 2021 dated 22-09-2021 registered under Section 147 / 148 / 149 / 323 / 341 / 332 / 333 / 353 / 307 / 504 / 506 of the IPC.

As per the prosecution story during protest of death of one person in a road accident the petitioner along with other accused persons, altogether 18 in number, blocked the NH- 7 and when the Police tried to remove the blockade and clear the

Patna High Court CR. MISC. No.9977 of 2023(2) dt.19-05-2023 2/3 road, the accused persons started pelting stones and attacked the Police party with lathi, danda etc.

Learned counsel for the petitioner submits that allegation against the petitioner along with eighteen accused persons is general and omnibus in nature. The leader of the protest namely, Awdhesh Kumar Yadav has been granted anticipatory bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 498 / 2022 and another co-accused person Ram Jatan Yadav has been granted anticipatory bail by another Co-ordinate Bench of this Court in Cr. Mic. No. 7003 / 2023. The petitioner has no criminal antecedent.

Regard being had to the submission made by the parties, taking into consideration the the fact that allegation against the petitioner is general and omnibus in nature and similarly situated co-accused persons have been granted anticipatory bail by different Co-ordinate Benches of this Court, I am inclined to grant anticipatory bail to the petitioner. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief

Patna High Court CR. MISC. No.9977 of 2023(2) dt.19-05-2023 3/3 Judicial Magistrate, Darbhanga in connection with Sadar PS Case No. 405 / 2021 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anil Kumar Sinha, J) praful/- U T