Ram Chandra Yadav @ Ramchandar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20830 of 2019 Arising Out of PS. Case No.-336 Year-2015 Thana- BARAUNI District- Begusarai ====================================================== 1.
Ram Chandra Yadav @ Ramchandar Yadav, Son of Late Deo Narayan Yadav Resident of Village - Maida Babhangama, P.S.- Birpur, Dist.- Begusarai. 2.
Sudhir Yadav, Son of Kamo Yadav, Resident of Village - Maida Babhangama, P.S.- Birpur, Dist.- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shubhesh Pandey For the Opposite Party/s :
Mr. Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-04-2019 Heard learned counsels for the parties.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 324, 326, 333, 338, 341, 342, 307, 337, 353, 379, 427 and 436 of the IPC.
The prosecution case as per the fardbeyan of Shrikant Singh recorded by S.I., Rakesh Kumar, Town Police Station Begusarai dated 14.09.2018 at 10.15 P.M., is to the effect that on the same day at about 9.00 P.M., two persons were dashed by a truck, as a result, one person died on the spot and the other one got injured. Thereafter, the informant reached on the spot and saw that 500-700 peoples have surrounded the police help
Patna High Court CR. MISC. No.20830 of 2019(2) dt.04-04-2019 2/3 centre and they were assaulting the police officials. It is alleged that the mob was asking to hand over them the driver and cleaner of the truck, whereupon the police officials tried to pacify the issue, but they were also assaulted by the mob and they also snatched the arms of the officials. It is submitted by learned counsel for the petitioners that the accusation is omnibus and general against the mob. It is further submitted that similarly situated co-accused persons, Md. Tarique Anwar @Tarique Anwar @ Jhanwwar@ Farhan Siddiqui @Jabbar and Sanjay Yadav have been granted anticipatroy bail by different Co-ordinate Benches of this Court vide order dated 19.01.2017 and 24.04.2018 passed in Cr. Misc. Nos.44806 of 2016 and 10504 of 2017 respectively. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent. Learned APP submits that the petitioners are named in the FIR.
Considering the omnibus and general accusation against the mob and similarly situated co-accused persons have been granted bail by different Co-ordinate Benches of this Court, coupled with the statement made in paragraph no.3 of the petition that the petitioners are not having any criminal
Patna High Court CR. MISC. No.20830 of 2019(2) dt.04-04-2019 3/3 antecedent, let the petitioners above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Begusarai in connection with Barauni P.S. Case No.336 of 2015 subject to the conditions laid down in Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) Deepak/Rahul/- U T