Shambhu Kumar Yadav @ Shambhu Kumar @ Shambhu Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22618 of 2019 Arising Out of PS. Case No.-499 Year-2018 Thana- BAKHTIYARPUR District- Patna ====================================================== 1.

SHAMBHU KUMAR YADAV @ SHAMBHU KUMAR @ SHAMBHU PRASAD, aged about 38 years, Gender-Male, Son of Mahendra Yadav @ Mahendra Singh 2.

Hira Yadav, aged about 30 years, Gender-Male, Son of Shiv Ji Yadav 3.

Ram Kumar Singh @ Ram Kumar, aged about 35 years, Gender-Male, Son of Mahendra Yadav @ Mahendra Singh 4.

Girdhari Singh @ Karu, aged about 55 years, Gender-Male, Son of Late Anup Yadav @ Anup Singh All are resident of Village-Raghopur, Bakhtiyarpur, Police StationBakhtiyarpur, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Chaudhary For the Opposite Party/s :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-04-2019 Heard both sides.

The petitioners apprehend their arrest in Bakhtiyarpur P.S. Case No.499 of 2018 registered under Sections 147, 148, 149, 341, 323, 307, 427, 353, 283 of the Indian Penal Code and Section 27 of the Arms Act.

The S.H.O. of Bakhtiyarpur P.S. alleged that he got information that Mahendra Yadav and Lallu Mukhiya were taking wine on disputed land. When the informant went there to verify the information, they saw many persons fleeing away. Two persons namely, Ramu Kumar @ Raj Kumar and Pawan Kumar were apprehended and brought to the police station but

Patna High Court CR. MISC. No.22618 of 2019(2) dt.11-04-2019 2/2 all the villagers blocked the road, run amock and started pelting stones on the police officials.

The learned counsel for the petitioners submits that petitioners are not named in the F.I.R. The informant named 27 persons in the F.I.R. Name of the petitioners figured in the case on the statement of Choukidar. Later on, all the villagers are made accused in the case. Similarly situated other accused persons have already been granted either regular or anticipatory bail.

Taking into consideration the facts aforesaid, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Barh, Patna in connection with Bakhtiyarpur P.S. Case No.499 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Saurabh/- (Prabhat Kumar Jha, J) U T