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Patna High CourtCR. MISC./30037/2021bail granted

Jitendra Yadav v. The State Of Bihar

2022-02-11Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30037 of 2021 Arising Out of PS. Case No.-224 Year-2020 Thana- MAHARAJGANJ District- Siwan ====================================================== 1.

Jitendra Yadav Son Of Bishun Yadav R/O Village- Ramapali, P.S.- Maharajganj, District- Siwan.

2.

Shailendra Yadav Son Of Bishun Yadav R/O Village- Ramapali, P.S.- Maharajganj, District- Siwan.

3.

Mithun Kumar Yadav Son Of Jitendra Yadav R/O Village- Ramapali, P.S.- Maharajganj, District- Siwan.

4.

Sonu Kumar Yadav Son Of Satyendra Yadav R/O Village- Ramapali, P.S.- Maharajganj, District- Siwan.

5.

Salim Alam @ Md. Samim Son Of Mumtaj Ali R/O Village- Ramapali, P.S.- Maharajganj, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brajesh Kumar Singh For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-02-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Maharajganj P.S. Case no. 224 of 2020 instituted for the offence under Sections 147, 148, 149, 341, 323, 332, 353, 379,

Patna High Court CR. MISC. No.30037 of 2021(2) dt.11-02-2022 2/3 504 and 506 of the Indian Penal Code.

As per allegation in the FIR, petitioners have created hindrance in the official work of the Executive Officer, Nagar Panchayat, Maharajganj. They have misbehaved with the head clerk of the informant and threw the official papers and one of the petitioners took away the register. They want to pressurize the Executive Officer to do wrong work.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offense. They have got no criminal antecedent. In fact the petitioners are the family members of the Chairman, who used to check the work of this Executive Officer and that caused annoyance to the informant and filed this false and fabricated case.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Maharajganj P.S. Case no. 224

Patna High Court CR. MISC. No.30037 of 2021(2) dt.11-02-2022 3/3 of 2020, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Siwan subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U