Ashok Kumar Yadav @ Ashok Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15170 of 2018 Arising Out of PS.Case No. -135 Year- 2017 Thana -CHAUSA District- MADHEPURA ======================================================
1. Ashok Kumar Yadav @ Ashok Yadav, Son of Vakil Yadav,
2. Upendra Yadav Son of Late Kumhar Yadav.
3. Tarun Yadav, Son of Bhikho Yadav.
4. Sattar Yadav @ Shatrughan Yadav, Son of Late Moul Yadav.
5. Pokhan Sah @ Pramanand Sah, Son of Late Mahdi Sah.
6. Sadanand Mahto, Son of Late Baldeo Mahto.
7. Bhulo Paswan, Son of Khatan Paswan.
8. Sikendra Sharma, Son of Late Laxmi Sharma.
9. Gholti Yadav, Son of Noji Yadav.
10. Lato Yadav @ Nand Kishore Yadav, Son of Late Gore Yadav.
11. Lalan Yadav, Son of Sri Lato Yadav @ Nand Kishore Yadav.
12. Upendra Sharma, Son of Late Bhola Sharma,
13. Murlidhar Yadav @ Virendra Yadav, Son of Sri Bhikho Yadav.
14. Rajo Yadav @ Rajesh Yadav, Son of Ayodhi Yadav, All are resident of village- Ghoshhal, P.S. Chousa, District- Madhepura. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dinesh Prasad Verma, Advocate. For the Opposite Party/s : Dr. Rabindra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-04-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Chousa P.S. Case No. 135 of 2017 instituted for the offence under Sections 341, 323, 353, 384, 188, 504 and 506/34 of the Indian Penal Code. Learned counsel for the petitioners has submitted that there is general and omnibus allegation against the petitioners. There is no injury to anybody. The name of the petitioners has
Patna High Court Cr.Misc. No.15170 of 2018 (2) dt.11-04-2018 2/3 been disclosed to the informant by Chowkidar. In the written report it is alleged that informant who is Circle Officer went to village after hearing that some construction work is being done on disputed plot, he rushed to the place of occurrence and found 50 persons forcibly constructing ceiling work. When the informant prevented them from doing the construction work, all of them started creating nuisance. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Chausa P.S. Case No. 135 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.
10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Udakishunganj, Madhepura, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
Patna High Court Cr.Misc. No.15170 of 2018 (2) dt.11-04-2018 3/3 tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) S.Ali/- U T