Shankar Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16188 of 2019 Arising Out of PS. Case No.-499 Year-2018 Thana- BAKHTIYARPUR District- Patna ====================================================== 1.

Shankar Yadav, Son of Late Singheshwar Yadav Resident of Village - Raghopur Hat, P.S.- Bakhtiyarpur, District - Patna 2.

Binay Kumar Son of Late Dinkar Yadav Resident of Village - Raghopur Hat, P.S.- Bakhtiyarpur, District - Patna 3.

Ganesh Yadav @ Ganesh Kumar Yadav Son of Late Singheshwar Yadav Resident of Village - Raghopur Hat, P.S.- Bakhtiyarpur, District - Patna 4.

Nitish Kumar Son of Late Singheshwar Yadav Resident of Village - Raghopur Hat, P.S.- Bakhtiyarpur, District - Patna 5.

Pankaj Kumar Son of Sitaram Prasad Singh Resident of Village - Raghopur Hat, P.S.- Bakhtiyarpur, District - Patna 6.

Krishna Prasad @ Krishna Yadav Son of Kapil Yadav Resident of Village - Raghopur Hat, P.S.- Bakhtiyarpur, District - Patna 7.

Naresh Yadav Son of Late Singheshwar Yadav Resident of Village - Raghopur Hat, P.S.- Bakhtiyarpur, District - Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR, ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sushil Kumar Jha For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-06-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Bakhtiyarpur P.S. Case no. 499 of 2018, registered under Sections 147, 148, 149, 341, 323, 307, 427, 353 and 283 of the Indian Penal Code and Section 27 of Arms Act.

Patna High Court CR. MISC. No.16188 of 2019(3) dt.19-06-2019 2/3 The accusation is that on receiving information about taking liquor by Mahendra Yadav and Lallu Mukhiya at the Raghopur Cattle Hat, the informant along with other Police personnel reached there and apprehended Ramu Kumar and Pawan Kumar in drunken condition and both were taken to the Police Station. In the meantime, mobs of 150-200 reached there and started pelting stone and blocked the NH31. Thereafter, Police tried to convince them, but somebody fired from their arms. Thereafter, five persons were apprehended and, altogether, 27 persons, including the petitioners, were identified Learned counsel for the petitioners submits that while petitioners are named in the F.I.R., but no overt act has been attributed against the petitioners. Further submission is that while petitioner Nos. 2, 5, 6 and 7 are accused in Bakhtiyarpur P.S. Case No. 246 of 2009 and petitioner No. 3 and 4 are accused in Bakhityarpur P.S. Case No. 589 of 2017, but they are on bail.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.16188 of 2019(3) dt.19-06-2019 3/3 amount each to the satisfaction of the A.C.J.M. Barh in connection with Bakhtiapur P.S. Case No. 499 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T