Ashok Yadav @ Ashok Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46563 of 2016 Arising Out of PS.Case No. -16 Year- 2016 Thana -NARARI KALA KHURD DistrictAURANGABAD ======================================================

1. Ashok Yadav @ Ashok Singh Son of Late Dharamdeo Yadav.

2. Upendra Yadav Son of Late Dharamdeo Yadav.

3. Sohan Yadav Son of Late Triveni Yadav

4. Suryadeo Yadav Son of Late Mahendra Yadav.

5. Bigan Yadav Son of Late Mahendra Yadav

6. Shri Paswan Son of Kamleshwar Paswan

7. Saguni Singh Son of Mahadeo Singh All are resident of VillageRaghunathpur, Badem, P.S. Nabinagar, Distt.- Aurangabad.

8. Ramchandra Yadav, Son of Buchani Yadav

9. Rambilas Yadav son of Shyamdeo Yadav.

10. Birajmal Yadav @ Birmal Yadav Son of Yohdeo Yadav

11. Bunk Yadav @ Bank Kr. Yadav Son of Santan Yadav.

12. Santan Yadav@ Santan Singh Son of Buchani Yadav All resident of Village- Gokul Bigha, P.S.- Narari Kala Khurd, Distt.- Aurangabad. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Anirudh Kumar Verma For the Opposite Party/s : Mr. Umeshnand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-12-2016 Heard both sides.

The petitioners apprehend their arrest in connection with Narari Kala Khurd P.S.Case No. 16 of 2016 registered under Section 120(B) and other Sections of the Indian Penal Code and 27, 25(1-b)a, 26 and 35 of the Arms Act and Section 3 of Prevention of Damage to Public Property Act.

The informant alleged that there was clash between

Patna High Court Cr.Misc. No.46563 of 2016 (2) dt.01-12-2016 the labour and management of project run under NPGC/NIPL. One Barun Kumar Singh was arrested on the spot by the police whereupon residents of village became furious and started stone pelting on the police party. When a large number of forces reached, the mob began to retreat. On the basis of Video footage 29 persons were identified and they have been made accused in the F.I.R.

Learned counsel for the petitioners submits that they have been made accused but no specific allegation has been levelled against them. Similarly situated co-accused person Nageshwar Paswan and three others have been granted anticipatory bail vide order dated 23.9.2016 passed in Cr.Misc.No. 40816 of 2016 by a Bench of this Court. Co-accused persons who were arrested on the spot, have also been granted regular bail by a Bench of this Court.

Considering the fact that similarly situated coaccused persons have been granted anticipatory bail, let the petitioners above named in the event of their arrest or surrender in the Court below within a period of four weeks from today, be enlarged on bail on furnishing bail bonds of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Narari

Patna High Court Cr.Misc. No.46563 of 2016 (2) dt.01-12-2016 Kala Khurd P.S.Case No. 16 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Prabhat Kumar Jha, J) A.I./- U