Bijendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17084 of 2020 Arising Out of PS. Case No.-330 Year-2019 Thana- BRAHMPUR District- Buxar ====================================================== 1.

BIJENDRA YADAV Son of Shiv Bachan Yadav Resident of Village - Bhola Dera Chakki, P.S.- Brahmpur (Chakki O.P.), Distt - Buxar. 2.

Bihari Yadav Son of Ramashisha Yadav Resident of Village - Bhola Dera Chakki, P.S.- Brahmpur (Chakki O.P.), Distt - Buxar. 3.

Paras Yadav Son of Manman Yadav Resident of Village - Bhola Dera Chakki, P.S.- Brahmpur (Chakki O.P.), Distt - Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Choubey For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-09-2020 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of COVID-19 Pandemic. Heard the learned counsel for the petitioners and Sri Murli Dhar, the learned A.P.P. for the State. This is an application for grant of anticipatory bail in connection with Brahmpur (Chakki O.P.) PS case no. 330 of 2019 registered for the offences punishable under Section 353 and other allied sections of Indian Penal Code. The allegation is regarding the accused persons including the petitioners herein having attacked the police party,

Patna High Court CR. MISC. No.17084 of 2020(2) dt.11-09-2020 2/3 when the police party had arrived at the house of the co-accused persons namely Mantosh Yadav to arrest him in connection with one Brahmpur (Chakki) PS case no. 235 of 2019. The learned counsel for the petitioners has submitted that the petitioners are innocent, have been falsely implicated in the present case on account of village politics and they are having a clean antecedent. It is further submitted that the petitioners do not have any complicity in the alleged occurrence.

Having regard to the facts and circumstances of the case, considering the submissions of the learned counsel for the petitioners and taking into account the fact that a general and omnibus allegation has been levelled against the accused persons and the petitioners are having clean antecedent, I deem it fit and appropriate to admit the petitioners to the privilege of anticipatory bail. Accordingly, the abovenamed petitioners, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in

Patna High Court CR. MISC. No.17084 of 2020(2) dt.11-09-2020 3/3 connection with Brahmpur (Chakki O.P.) PS case no. 330 of 2019 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) rinkee/- U T