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Patna High CourtCR. MISC./42642/2016bail granted

Narendra Yadav And ORS v. The State Of Bihar

2016-10-19Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42642 of 2016 Arising Out of PS.Case No. -87 Year- 2016 Thana -GAMAHARIYA District- MADHEPURA ======================================================

1. Narendra Yadav, Son of- Late Baleshwar Yadav, Resident of VillageBhelwa,

2. Arun Yadav, Son of- Late Nanku Yadav, Resident of Village- Itwa,

3. Prabhat Yadav, Son of- Kartik Yadav, Resident of Village- Jibachhpur,

4. Ramchandra Yadav, Son of- Mishrilal Yadav, Resident of VillageBhelwa,

5. Murli Bhagat @ Manoj Bhagat, Son of- Late Bhagwat Bhagat, Resident of Village- Gamharia,

6. Laltu Yadav @ Laltu Yadav Amin, Son of- Gajendra Yadav, Resident of Village- Laxminia, All of Police Station- Gamharia, District- Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shekhar Kumar Singh For the Opposite Party/s : Sri Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-10-2016 Heard learned counsel for the parties.

This application for grant of anticipatory bail arises out of Gamharia P. S. Case No. 87 of 2016, disclosing offences under Sections 147,148,149,341,342,348,353,323,386,387,307,506 and 333 of the Indian Penal Code.

There are 112 persons named in the First Information Report including these petitioners. Allegedly, 4000 to 5000 persons had participated in the occurrence after declaration of Panchayat Election. They were staging dharna, raising slogans

and making demand for re-election. It is also alleged that they dragged informant, the Circle Officer and assaulted him. Learned counsel for the petitioners has submitted that there is no specific allegation against any of the petitioners. The allegations are general and omnibus. He has also submitted that the Circle Officer did not receive any injury. Considering the above submission, this application is allowed. Let the petitioners above named in the event of their arrest/surrender within four weeks from today in the court below be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Sri J.K. Singh, learned Judicial Magistrate Ist Class, Madhepura in Gamharia P. S. Case No. 87 of 2016 (G.R. No. 920 of 2016), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/-c U