Bipin Yadav @ Bipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25142 of 2017 Arising Out of PS.Case No. -429 Year- 2015 Thana -BARAUNI District- BEGUSARAI ====================================================== Bipin Yadav @ Bipin Kumar S/o Raso Yadav, resident of VillageBariyahi, P.S. Barauni (Chakia O.P.), District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar, Adv. For the Opposite Party/s : Mr. Satyavarat Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-08-2017 Heard both sides.

The petitioner apprehends his arrest in Barauni P.S. Case No. 429/2015, registered for the offences punishable under Section 353 and other sections of the Indian Penal Code. Learned counsel for the petitioner submits that prayer for anticipatory bail of the petitioner was earlier allowed vide order dated 02.12.2016 passed in Cr. Misc. 46610/2016, but due to inadvertence the father's name of Bipin Yadav @ Bipin Kumar was shown as Sheo Shankar Yadav. Father's name of the petitioner is Raso Yadav. There are two accused whose name is Bipin Yadav. The petitioner filed Cr. Misc. 3859/2017 for modification in order dated 02.12.2016 which was withdrawn vide order dated 26.04.2017 with liberty to file anticipatory bail

Patna High Court Cr.Misc. No.25142 of 2017 (3) dt.09-08-2017 2/3 petition afresh.

No specific allegation is made against any of the accused. Other accused persons namely, Bablu Yadav, Satya Narayan Yadav @ Chhote Yadav, Chunnu Yadav, Rajeev Kumar Yadav @ Rajeev Yadav and Dheeraj Yadav have already been granted anticipatory bail. The case of the petitioner stands on the same footing. The informant alleged that the villagers have assembled on the road to protest against the murder of Prabhat Kumar @ Bablu Yadav. The mob assaulted the police and blocked the road. Co-accused Bablu Yadav and others have been granted anticipatory bail on the ground that similarly situated co-accused Sanjeev Kumar and others have also been granted anticipatory bail vide order dated 29.08.2016 passed in Cr. Misc. 32247/2016. It appears that many similarly situated co-accused persons have been granted anticipatory bail.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in connection

Patna High Court Cr.Misc. No.25142 of 2017 (3) dt.09-08-2017 3/3 with Barauni P.S. Case No. 429/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T