Rinku Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20316 of 2019 Arising Out of PS. Case No.-262 Year-2018 Thana- BUXAR District- Buxar ====================================================== RINKU YADAV, Son of Raj Kumar Yadav, Resident of Mohalla- Charitravan, P.S.- Buxar (T), District- Buxar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajeev Ranjan For the Opposite Party/s :
Mr. Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-04-2019 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147, 149, 504, 342, 290 and 353 of the IPC.
The prosecution case, as per the self statement of Avinash Kumar Singh, Ins.-cum-S.H.O., Town P.S., Buxar is to the effect that on 18.05.2018 at about 09.00 P.M., the informant received an information that one Khuti Yadav has been shot out and nearby people has taken him to Sadar Hospital, Buxar. Thereafter, the informant reached to the hospital and found that Khuti Yadav was shot at his head and he was declared dead. It is
Patna High Court CR. MISC. No.20316 of 2019(2) dt.12-04-2019 2/3 alleged that the family members along with others, put the dead body of Khuti Yadav on the gate of the Sadar Hospital, Buxar and not only blocked the road, but also abused the administration as well as the police. Thereafter, four persons including the petitioner were identified, leading to registration of FIR against four named and 150 unknown persons. It is submitted by learned counsel for the petitioner that the accusation is omnibus and general against the mob and only on the basis of suspicion, the petitioner has been roped in the present case. A statement has been made in paragraph no.3 of the petition that the petitioner is accused in three other cases apart from the present case.
It is submitted by the learned APP for the State that the petitioner is named in the FIR.
Considering the fact that the accusation is omnibus and general against the mob, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned C.J.M., Buxar, in connection with Buxar (T) P.S. Case No. 262 of 2018, subject to the condition
Patna High Court CR. MISC. No.20316 of 2019(2) dt.12-04-2019 3/3 as laid down under Section 438(2) of the Cr. P.C. The learned Court below will accept the bail bonds of the petitioner after verifying the fact that the petitioner has been granted bail in all the three cases mentioned in paragraph no.3 of the petitioner.
(Dinesh Kumar Singh, J) Deepak/- U T