Mukesh Yadav @ Mukesh Rana v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 8594 of 2020 Arising Out of PS. Case No.-52 Year-2019 Thana- BARHAT District- Jamui ====================================================== 1.

MUKESH YADAV @ MUKESH RANA Son of Hira Prasad Yadav @ Hira Yadav Resident of Village - Bakhari, P.S.- Barhat, Dist.- Jamui. 2.

Ajay Thakur Son of Late Raghunath Thakur Resident of Village - Nasrichak, P.S.- Barhat, Dist.- Jamui.

3.

Sachin Yadav @ Sachin Kumar Yadav Son of Niranjan Yadav Resident of Village - Bakhari, P.S.- Barhat, Dist.- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Parasar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 03-03-2020 Heard learned counsel for the petitioners and the learned APP for the State.

Petitioners apprehend arrest in connection with Barhat Police Station (for brevity, PS) Case No 52 of 2019 instituted for the offence punishable under Section(s) 143, 147, 149, 117, 342, 353, 504, 506 of Indian Penal Code. Prosecution case is that 16 named and 40 - 50 unknown persons had set up road blockade on the National Highway as earlier the staff of one of the buses plying in the Highway has assaulted Ajay Yadav, tempo driver. Hundreds of vehicles subsequently are said to have been stopped on the

Patna High Court CR. MISC. No.8594 of 2020(2) dt.03-03-2020 2/3 Highway as a result of the blockade set up. Petitioners are among the 16 named persons. It is submitted that there is no allegation that they were armed and that they have indulged in any overt/violent act. Merely, on suspicion, it is alleged that they are leaders of the mob in question. Prior to the instant case, the petitioners are having no criminal antecedent. The learned APP for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid facts, prayer of petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, before the Court below, within four (04) weeks from today, they shall be released on bail on each of them furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 01st Class, Jamui in connection with Barhat PS Case No 52 of 2019 subject to the conditions as laid down under Section 438 (2) of Criminal Procedure Code and also the following conditions:- (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the

Patna High Court CR. MISC. No.8594 of 2020(2) dt.03-03-2020 3/3 address of the petitioners.

(ii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T