Mukesh Yadav @ Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25502 of 2024 Arising Out of PS. Case No.-61 Year-2023 Thana- KHAIRA District- Jamui ====================================================== 1.

Mukesh Yadav @ Mukesh Kumar Son of Paryag Yadav Resident of VillageBallopur, P.S.- Khaira, Dist.- Jamui 2.

Bablu Yadav @ Bablu Kumar Son of Chando Yadav Resident of VillageBallopur, P.S.- Khaira, Dist.- Jamui 3.

Uday Yadav Son of Late Jagdish Yadav Resident of Village- Ballopur, P.S.- Khaira, Dist.- Jamui 4.

Ram Pravesh Yadav @ Pravesh Yadav Son of Late Tanik Yadav Resident of Village- Ballopur, P.S.- Khaira, Dist.- Jamui 5.

Jay Prakash Yadav Son of Late Anachh Yadav Resident of Village- Ballopur, P.S.- Khaira, Dist.- Jamui 6.

Naresh Yadav Son of Rajo Yadav Resident of Village- Ballopur, P.S.- Khaira, Dist.- Jamui 7.

Anoj Yadav Son of Late Latru Yadav Resident of Village- Ballopur, P.S.- Khaira, Dist.- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Pathak, Advocate Mr. Pramod Kumar, Advocate For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 31-07-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Khaira P.S. Case No. 61 of 2023, instituted under Sections 385, 406, 323, 504 and 34 of the Indian Penal Code.

3. As per the prosecution case, petitioners along with F.I.R. named accused persons and 50 unknown persons were

Patna High Court CR. MISC. No.25502 of 2024(3) dt.31-07-2024 2/3 hampering the work of lifting of sand from the Balu Ghat of informant for about five days. They assaulted the clerk and driver of the informant and snatched Rs. 1 lac from the informant and demanded Rs. 50 lacs. They threatened to kill the informant.

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case due to village politics. There is general and omnibus allegation against the petitioners. Petitioner Nos. 1, 2, 3 and 5 have one criminal antecedent in which they are on bail. Petitioner No. 4 has two criminal antecedents. Petitioner Nos. 6 and 7 have no criminal antecedent. They undertake to cooperate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in

Patna High Court CR. MISC. No.25502 of 2024(3) dt.31-07-2024 3/3 connection with Khaira P.S. Case No. 61 of 2023, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) rakhi/- U T