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Patna High CourtCR. MISC./27822/2019bail granted

Santosh Kr. Yadav @ Santosh Kumar Yadav v. The State Of Bihar

2019-04-29Mr. Justice Shivaji Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27822 of 2019 Arising Out of PS. Case No.-397 Year-2018 Thana- NARPATGANJ District- Araria ====================================================== 1.

Santosh Kr. Yadav @ Santosh Kumar Yadav, S/O Shiv Narayan Yadav, 2.

Sintu Kumar Yadav @ Sintu Yadav, S/o- Mohan Yadav, 3.

Suren Yadav @ Surendra Yadav @ Sukhen Yadav, S/o- Late Balram Yadav, 4.

Rajendra Yadav @ Rajend Yadav, S/o- Narogi Yadav, All are R/o Village- Palasi, P.S.- Narpatganj, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun, Advocate For the Opposite Party/s :

Mr.Atul Chandra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 29-04-2019 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Narpatganj P.S. Case No.397 of 2018, registered for the offence punishable under Sections 147, 148, 149, 341, 323, 353, 307, 188, 283, 290, 435, 379 and 511 of the Indian Penal Code.

The informant got an information that a person got injured in a road accident, thereafter, the police personnel reached there and found that the injured had been sent to hospital for his treatment and about 200 persons assembled

Patna High Court CR. MISC. No.27822 of 2019(2) dt.29-04-2019 2/3 there blocked NH 57 road and when the informant tried to pacify the matter, the accused persons started abusing and assaulting the police personnel and they also put the police vehicle on fire and also attempted to snatch away the police arms.

Learned counsel for the petitioners submits that there is no specific allegation against the petitioners and the allegations are general and omnibus in nature. It is urged that similarly situated co-accused persons have already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 09.10.2018 passed in Cr. Misc. No.56043 of 2018 (Annexure-2).

Looking to the entire facts and circumstances of the case, let the petitioners, above-named, be released on anticipatory bail in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria in connection with Narpatganj P.S. Case No.397 of 2018 subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure with a further condition that whenever the

Patna High Court CR. MISC. No.27822 of 2019(2) dt.29-04-2019 3/3 police will call the petitioners for the purposes of investigation and interrogation, they will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled.

(Shivaji Pandey, J) V.K.Pandey/- U T