Dinesh Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10357 of 2018 Arising Out of PS.Case No. -128 Year- 2017 Thana -AMARPUR District- BANKA ====================================================== Dinesh Yadav & Ors .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Mukherjee For the Opposite Party/s : Mr. Sri Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-02-2018 Heard the learned counsel for the petitioners and learned counsel for the State.
The petitioners seek anticipatory bail in connection with Amarpur PS case no. 128 of 2017 registered for the offences punishable under Sections 147, 148, 149, 342, 324, 307, 337, 338, 353, 333 and 504 of the Indian Penal Code and Section 27 of the Arms Act.
At the outset, the learned counsel for the petitioners seeks permission to withdraw the present petition in respect of petitioner no.11, namely, Sikandar Yadav.
The present petition in respect of petitioner no.11 is dismissed as withdrawn.
The crux of the dispute is regarding keeping the Shivling in a vacant land and with regard to the same, altercation
Patna High Court Cr.Misc. No.10357 of 2018 (2) dt.21-02-2018 2/3 had taken place, resulting in about unknown 500 persons having been made accused in the present case.
The learned counsel for the petitioners submits that there is a general and omnibus allegation against the petitioners herein and similarly situated co-accused persons have been granted bail by this Court by an order dated 14.9.2017 passed in Cr. Misc. No. 37172 of 2017 and order dated 11.8.2017 passed in Cr. Misc. No. 36333 of 2017. It is further submitted that the petitioners have a clean antecedent.
Having regard to the facts and circumstances of the case, in the event of arrest or surrender before the concerned court within a period of six weeks from the date of receipt/production of a copy of the present order, the petitioner Nos.1 to 10 and 12 to 27, namely, Dinesh Yadav, Upendra Yadav, Ram Krishna Yadav, Bijoy @ Bijay Yadav, Daresh Yadav, Ravin Yadav, Nawal Yadav, Dhananjay Yadav, Prakash Yadav, Sanjay Yadav, Maneshwar Yadav, Surendra Yadav, Sakal Yadav @ Saku Yadav, Bashistha Yadav, Shaligram Yadav, Bhutaka Yadav, Chhote Paswan, Ashok Yadav, Chandeshwar Paswan, Sanandi Paswan, Durkhel Paswan, Shankar Yadav, Anjani Yadav, Pankaj Yadav, Laddu Yadav @ Laddu Pd. Yadav and Guddu Mandal are directed to be released on anticipatory bail on furnishing bonds of Rs.
Patna High Court Cr.Misc. No.10357 of 2018 (2) dt.21-02-2018 3/3 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate Ist, Banka, in connection with Amarpur PS case no. 128 of 2017, subject to the conditions laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) BTiwary/- U T