Surendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25632 of 2021 Arising Out of PS. Case No.-109 Year-2020 Thana- GOH District- Aurangabad ====================================================== 1.

SURENDRA YADAV Son of Yadunandan Yadav Resident of VillageDullah Bigha, P.S.- Goh, District- Aurangabad. 2.

Pankaj Yadav Son of Surendra Yadav Resident of Village- Dullah Bigha, P.S.- Goh, District- Aurangabad.

3.

Nitish Yadav Son of Vijay Yadav Resident of Village- Dullah Bigha, P.S.- Goh, District- Aurangabad.

4.

Mahesh Yadav Son of Lalchand Yadav Resident of Village- Dullah Bigha, P.S.- Goh, District- Aurangabad.

5.

Ravi Yadav Son of Upendra Yadav Resident of Village- Dullah Bigha, P.S.- Goh, District- Aurangabad.

6.

Satendra Yadav Son of Late Tapeshwar Yadav Resident of Village- Dullah Bigha, P.S.- Goh, District- Aurangabad.

7.

Santosh Yadav Son of Ramraj Yadav Resident of Village- Dullah Bigha, P.S.- Goh, District- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 24-03-2022 This matter has been posted on priority as the application has not been heard even once for over a year. Heard Mr. Santosh Kumar Pandey, learned Advocate for the petitioners and the learned APP.

The petitioners seek bail in anticipation of their arrest in connection with Goh P.S. Case No. 109 of 2020 dated 30.07.2020 instituted for the offences under Sections 147, 148,

Patna High Court CR. MISC. No.25632 of 2021(2) dt.24-03-2022 2/3 149, 323, 325, 307, 379, 504 and 506 of the Indian Penal Code. Fifteen persons have been named in the FIR and specific accusation has been attributed against eight of them. So far as the petitioners are concerned, there is only a general and omnibus allegation against them of having taken part in the assault but there is no specific accusation against anyone of them.

It has been urged on behalf of the petitioners that they have been made accused only because of their being next door neighbours of the informant and the petitioners having sympathy with one Mahang Yadav with whom the family of the informant is on litigating terms.

The petitioners no. 2, 3, 4 and 5 have no criminal antecedents. However, petitioners no. 1, 6 and 7 have one case each to their credit but they are on bail in the aforesaid cases; the details of which has been provided in paragraph-3 of the bail petition.

Considering the afore-noted facts, the petitioners are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten

Patna High Court CR. MISC. No.25632 of 2021(2) dt.24-03-2022 3/3 Thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Daudnagar, Aurangabad in connection with Goh P.S. Case No. 109 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T