Santosh Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30781 of 2018 Arising Out of PS. Case No.-115 Year-2017 Thana- CHANDRADEEP District- Jamui ======================================================

1. Santosh Yadav, Son of Hira Yadav

2. Chhotelal Yadav, Son of Hira Yadav

3. Hira Yadav, Son of late Narayan Yadav

4. Kavita Devi, D/o Hira Yadav

5. Ramabalak Yadav, Son of late Mishri Yadav

6. Sanjay Yadav, Son of late Mishri Yadav

7. Umakant Yadav, Son of Ghanshyam Yadav

8. Rajesh Yadav, Son of Ghanshyam Yadav

9. Ghanshyam Yadav, Son of Kishun Yadav All are R/o-Village - Parsama, P.S. Chandradeep, Dist - Jamui.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Birendra Kumar For the Opposite Party/s :

Mr. Sri Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-05-2018 Heard learned counsels for the petitioners and State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 337 and 353 of the IPC.

The prosecution case, as per the self statement of Bablu Kumar Pandit, Station House Officer, Chandradeep Police Station, recorded on 16.11.2017 is to the effect that on 16.11.2017, at 10 PM, the informant along with other police personnel proceeded from Chandradeep Police Station to Village Parsama for investigating Chandradeep P.S. Case No.

Patna High Court Cr.Misc. No.30781 of 2018(2) dt.18-05-2018 2/3 114 of 2014, registered for the offences under Sections 364/34 of the IPC and in that course, they reached the house of Sandeep Yadav, but as soon as the inmates opened the door, all the accused persons including the petitioners attacked the police force and started pelting stones, as a result, the constable Sweeti Kumari and Namsin Bano received injuries.

It is submitted by learned counsel for the petitioners that the accusation is omnibus and general against all the accused persons. Some of the petitioners are the family members of Sandeep Yadav, hence they have also been roped in as accused the present case. Statement has been made in paragraph no.3 of the petition that petitioner nos. 1 to 4 were also made accused in one other case in which they are on bail, whereas petitioner nos. 5 to 9 are not having any criminal antecedent. Learned APP submits that the petitioners are named in the FIR.

Considering the accusation being general and omnibus against all the accused persons, let the above named petitioners be released on anticipatory bail in the event of arrest/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 like amount

Patna High Court Cr.Misc. No.30781 of 2018(2) dt.18-05-2018 3/3 each to the satisfaction of learned Judicial Magistrate-1st Class, Jamui in connection with Chandradeep P.S. Case No. 115 of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T