Raghav Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35724 of 2016 Arising Out of PS.Case No. -37 Year- 2016 Thana -SIDHWALIA District- GOPALGANJ ======================================================

1. Raghav Yadav S/o Surya Yadav

2. Uday Singh S/o Dinanath Singh Both are residents of Village- Kund Supauli, P.S.- Sidhawalia District- Gopalganj

3. Kashi Yadav S/o Late Rikhai Yadav resident of Village-Jhajhawa, P.S.- Sidhwalia, District- Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ratnakar Pandey, Advocate For the Opposite Party/s : Mr. Sri Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-09-2016 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 177, 149, 188, 341, 323, 353, 307, 283, 504 of the Indian Penal Code.

The prosecution case is that on 18.05.2016 at 5.00 P.M. during the Panchayat Elections, the informant received information that from booth no. 88 of Supauli Panchayat some unknown persons robbed the ballet box. Subhash Tiwary, the husband of a contesting candidate for the post of Mukhiya along with 100 supporters were found present near the booth. The informant further came

Patna High Court Cr.Misc. No.35724 of 2016 (2) dt.02-09-2016 to know from the Patrolling Magistrate that Prem Kumar and Manoj Kumar are trying to snatch the ballot box but Subhash Tiwary and his supporters already escaped with ballot box. Subhash Tiwary along with his supporters blocked the Barahima Chowk and attacked on police party by lathi and danda.

It is submitted by the learned counsel for the petitioners that accusation is omnibus and general against the mob. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent. Considering the accusation being omnibus and general against the petitioner, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Sidhwalia P.S. Case No. 37 of 2016, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) P.K./- U T