Umesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24405 of 2022 Arising Out of PS. Case No.-145 Year-2021 Thana- CHOUTARWA District- West Champaran ====================================================== 1.

UMESH YADAV Son of Bahadur Yadav Resident of Village - Chandarpur, P.S.- Chautarwa, Distt.- West Champaran.

2.

NIRANJAN YADAV Son of Bharath Yadav Resident of Village - Chandarpur, P.S.- Chautarwa, Distt.- West Champaran. 3.

SATRUDHAN YADAV @ SHATRUDHAN KUMAR Son of Prabhu Yadav @ Prem Yadav Resident of Village - Chandarpur, P.S.- Chautarwa, Distt.- West Champaran.

4.

SURESH SHUKLA Son of Vickrama Shukla Resident of Village - Chandarpur, P.S.- Chautarwa, Distt.- West Champaran. 5.

PRABHU YADAV @ PREM YADAV Son of Bahadur Yadav Resident of Village - Chandarpur, P.S.- Chautarwa, Distt.- West Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dinesh Maharaj, Advocate For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-09-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners seeks permission to withdraw the anticipatory bail application with respect to petitioner nos. 4 and 5.

Permission is accorded.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 448, 451, 455, 341, 323, 524, 325, 307 and 379 of the

Patna High Court CR. MISC. No.24405 of 2022(2) dt.22-09-2022 2/3 Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners have antecedent of one case and the informant alleges that on 15.05.2021 at 10:15 AM, he got information that hindu and muslim sides have gathered variously armed and are pelting stones on each other at village Chandrapur Pakwa, when informant with other police personnel reached the place occurrence, he saw that hindu and muslim sides have made unlawful assembly and are pelting stones on each other, accordingly efforts were made to restore the law and order situation but some miscreants were found agitating and thus created hindrance in maintenance of law and order.

Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in the present case, it is next submitted that from bare perusal of allegation as alleged in the FIR, it would manifest that the allegations are general and omnibus in nature, no specific allegation is alleged that as to how the petitioners were creating disturbances leading to law and order situation. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned

Patna High Court CR. MISC. No.24405 of 2022(2) dt.22-09-2022 3/3 counsel for the petitioners, the petitioner nos. 1, 2 and 3, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Chautarwa P.S. Case No. 145 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Shivam/- U T