Mahesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15295 of 2022 Arising Out of PS. Case No.-397 Year-2021 Thana- BELHAR District- Banka ====================================================== 1.

MAHESH YADAV Son of Bhado Yadav Resident of Village- Matiyani, P.S.- Belhar, District- Banka.

2.

Mahendra Yadav S/o Late Jagdish Yadav Resident of Village- Matiyani, P.S.- Belhar, District- Banka.

3.

Pradip Kumar Yadav S/o Mahendra Yadav Resident of Village- Matiyani, P.S.- Belhar, District- Banka.

... ... Petitioner/s

Versus

The State Of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr. Dilip Kumar No.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-11-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of nonremoval of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 149, 341, 323, 332, 337, 307, 353 and 427 of the Indian Penal Code and Section 3(2)(e) of the Prevention of Damage to Public Property Act, 1984.

Allegation against the petitioners is that he has made disturbance in the functioning of the police personnel by throwing bricks and stones at the police jeep, due to which the police jeep

Patna High Court CR. MISC. No.15295 of 2022(2) dt.15-11-2022 2/2 got damaged and one of the chowkidar Dinesh Paswan got injured. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is general and omnibus allegation levelled against the petitioners. He submits that similarly situated co-accused has already been granted bail by the learned Court below itself. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case and the fact that there is general and omnibus allegation against the petitioners, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Belhar P.S. Case No.397 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.