Sanjay Kumar @ Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17842 of 2019 Arising Out of PS. Case No.-400 Year-2018 Thana- MALSALAMI District- Patna ====================================================== 1.

Sanjay Kumar @ Sanjay Yadav, aged about 32 years, Male, Son of Ramjatan Rai, Resident of Mohalla- Rustampur, P.S.- Raghopur, District- Vaishali, presently residing at Mohalla- Tilaknagar, Alampur, Kachi Dargah, P.S.- Didargunj, District- Patna.

2.

Pradeep Kumar, aged about 50 years, Male, Son of Late Chotelal Sah, Resident of Mohalla- Kannulal Road, Mithapur, P.S.- Jakkanpur, DistrictPatna. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Ms. Soni Srivastava, Adv.

For the Informant : Ms. Shweta, Adv. For the Opposite Party/s : Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 29-03-2019 Heard the learned counsel for the petitioners, the informant and the State.

The petitioners seek bail in anticipation of their arrest in connection with Malsalami P.S. Case No. 400 of 2018, dated 25.11.2018, instituted for the offences under Sections 341, 323, 379, 504 and 506/34 of the Indian

Patna High Court CR. MISC. No.17842 of 2019(2) dt.29-03-2019 2/3 Penal Code.

The learned counsel for the petitioners has submitted that though the petitioners have been named in the F.I.R., but the allegations are general and omnibus. The petitioners are alleged to have led a mob of 50 women, who indulged in vandalism. The reason for falsely implicating the petitioners, it has been urged, is the land dispute and the competing claims of the parties.

The learned counsel for the informant, however, has submitted that such acts of vandalism in day light, should not be condoned.

Considering the general nature of accusation against the petitioners and their having been made accused in another case at the instance of the same informant, they, in the event of their arrest or surrender before the learned Court below within a period of four weeks from the date of receipt/production of a copy of the present order, are directed to be released on bail on their furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.17842 of 2019(2) dt.29-03-2019 3/3 learned Addl. Chief Judicial Magistrate-IV, Patna City, Patna, in connection with Malsalami P.S. Case No. 400 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Praveen-II/- U T