Bhutali Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12562 of 2022 Arising Out of PS. Case No.-117 Year-2021 Thana- RANIYATALAB District- Patna ====================================================== Bhutali Yadav S/o Late Harinandan Yadav R/o village- Jitan Chhapra, P.S.- Dulhin Bazar, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Tiwary For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-08-2022 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in Ranitalab P.S. Case No. 117 of 2021, registered for the offences punishable under Section 307 and other allied sections of the Indian Penal Code.

As per the prosecution case, all the FIR named accused persons including this petitioner and other persons surrounded the police van, abused and scuffled with the police. They also stopped movement of vehicles on the national highway and pelted stones on the police van, as a result of which informant and other police officials sustained injuries. It is alleged that mob snatched rifle of one home guard Mohan Singh and also got released the arrested accused Dharmnath

Patna High Court CR. MISC. No.12562 of 2022(2) dt.16-08-2022 2/2 Yadav from the police custody.

It is submitted that petitioner is a labour who was in village Kab on the alleged date and time of occurrence. There is no allegation of specific overt act against this petitioner. There is general and omnibus allegation of assault against more than fifty persons. The only allegation against this petitioner is that he is member of the mob. Petitioner claims clean antecedent. Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate II, Danapur, Patna in connection with Ranitalab P.S. Case No. 117 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T