Swarath Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33495 of 2024 Arising Out of PS. Case No.-808 Year-2023 Thana- SHEKHPURA District- Sheikhpura ====================================================== 1.

Swarath Yadav son of Nawal Yadav Village- Kare, Ps- Sheikhpura distSheikhpura 2.

Kush Kumar @ Dhuri Yadav son of Saryug Yadav Village- Kare, PsSheikhpura dist- Sheikhpura 3.

Chandrashekher Yadav @ Chandeshwar Yadav son of Bhago Yadav @ Bhagirath Yadav Village- Kare, Ps- Sheikhpura dist- Sheikhpura 4.

Rajeev Yadav son of Chandrashekhaer Yadav @ Chandeshwar Yadav Village- Kare, Ps- Sheikhpura dist- Sheikhpura 5.

Pankaj Yadav son of Rajendra Yadav @ Rajendra Prasad Yadav VillageKare, Ps- Sheikhpura dist- Sheikhpura 6.

Sevak Yadav son of Yogendra Yadav Village- Kare, Ps- Sheikhpura distSheikhpura 7.

Bhoshu Yadav @ Ravikant Kumar son of Ram Pravesh @ Pravesh Yadav Village- Kare, Ps- Sheikhpura dist- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bindhyachal Singh, Sr. Adv Ms.Kumari Anupam, Adv For the Opposite Party/s :

Md. Aslam Ansari Mr. S. Rizwanul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-09-2024 1.

Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel appearing on behalf of the informant.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148,149, 323, 307, 354 and 379 of the Indian Penal Code as well as Section 27 of the Arms Act.

Patna High Court CR. MISC. No.33495 of 2024(4) dt.30-09-2024 2/3 3.

Learned counsel for the petitioners submits that Munna Yadav and 11 others accused had approached this Court seeking anticipatory bail by filing Cr. Misc No. 47296 of 2024 and the same was allowed by an order dated 8-8-2024. It is also submitted that Subelal Yadav who is alleged to have fired is not a petitioner in the instant anticipatory bail application. It is next submitted that Munna Yadav and 11 others were granted the privilege of anticipatory bail after considering the case on merits. It is also submitted that case of the petitioners, if not akin, is similar to the case of Munna Yadav and 11 others. It is next submitted that petitioners will not abscond rather will cooperate in the investigation.

4.

Learned A.P.P. for the State and learned counsel appearing on behalf of the informant opposes the prayer for anticipatory bail of the petitioners, but then are not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioners that Munna Yadav and 11 others have been granted the privilege of anticipatory bail by order dated 88-2024 in Cr. Misc No. 47296 of 2024. 5.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court

Patna High Court CR. MISC. No.33495 of 2024(4) dt.30-09-2024 3/3 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 Sheikhpura P.S. Case No. 808 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) SUMIT/- U T