Manish Yadav @ Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18221 of 2020 Arising Out of PS. Case No.-170 Year-2018 Thana- BARH District- Patna ====================================================== 1.
Manish Yadav @ Manish Kumar, aged about 28 years (Male), Son of Umesh Yadav, Resident of Village - Kazichak, P.S. Barh, District - Patna. 2.
Nitish Yadav @ Nitish Kumar, aged about 26 years, Son of Umesh Yadav, Resident of Village - Kazichak, P.S. Barh, District - Patna. 3.
Ranjeet Kumar @ Ranjeet Yadav, aged about 22 years, (Male), son of Dhano Yadav, Resident of Village - Delwa Gosain, P.S. Barh, District - Patna. 4.
Shekhar Yadav, aged about 29 years (Male), Son of Sanjay Yadav, Resident of Village - Delwa Gosain, P.S. Barh, District - Patna. 5.
Alok Kumar, aged about 32 years (Male), Son of Ramasharay Prasad Singh, Resident of Village - Delwa Gosain, P.S. Barh, District - Patna. 6.
Kanhaiya Kumar, aged about 31 years (Male), Son of Suresh Yadav, Resident of Village - Delwa Gosain, P.S. Barh, District - Patna. 7.
Naro Yadav, aged about 32 years (Male), Son of Jogendra Yadav, Resident of Village - Delwa Gosain, P.S. Barh, District - Patna. 8.
Pankaj Kumar @ Sardar, aged about 25 years (Male), Son of Anil Yadav, Resident of Village - Delwa Gosain, P.S. Barh, District - Patna. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr.Manoj Kumar Pandey, Advocate.
For the Opposite Party :
Mr.Rana Randhir Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-08-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.
The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned A.P.P. for the State.
Patna High Court CR. MISC. No.18221 of 2020(2) dt.13-08-2020 2/3 The petitioners are apprehending their arrest in a case for the offence registered under Sections 147, 148, 353, 504, 506 and 427 of the I.P.C.
The prosecution story, in brief, is that on 16.05.2018, one person, namely, Nand Kishore Singh has died in a road accident. Upon which, the petitioners and others blocked the road for about 08 hours and they have taken away the said dead body and broken glasses of many vehicles and obstructed the police to perform the duty.
It has been submitted by learned counsel for the petitioners that the petitioner nos. 1, 2, 4, 7 and 8 have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. General and omnibus allegation has been made. There was a protest made by the local residents due to road accident in which one person had died.
On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R. Considering the facts and circumstances of the case and also the lockdown, the petitioners above named, in the event of arrest or surrender before the learned court below within a
Patna High Court CR. MISC. No.18221 of 2020(2) dt.13-08-2020 3/3 period of eight weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of the learned A.C.J.M., Barh, Patna, in connection with Barh P.S. Case No. 170 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.
(Sudhir Singh, J) U.K./- U T