Surendra Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26762 of 2016 Arising Out of PS.Case No. -94 Year- 2015 Thana -MAGADH MEDICAL COLLEGE DistrictGAYA ======================================================

1. SURENDRA YADAV, son of Ranjeet Yadav

2. Chandrik Yadav @ Chandarik Yadav, son of Ram Pati Yadav Both resident of Village - Kendua Bigha, P.S. - Magadh Medical College Hospital, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tej Narayan Singh, Advocate. For the Opposite Party/s : Mr. Ram Priya Saran Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-09-2016 Heard both sides.

The petitioners, namely, Surendra Yadav and Chandrik Yadav @ Chandarik Yadav, apprehend their arrest in Magadh Medical College P.S. Case No. 94/2015 registered under Section 307 and other sections of the Indian Penal Code. The informant alleged that while the staff of Gaya Municipality were going to dump wastes in the dumping ground of the municipality, the petitioners and others protested and assaulted the staff of the municipality. It is submitted that for the said offence, two cases were lodged - one is the present case being Magadh Medical College P.S. Case No. 94/2015 and another is Magadh Medical College P.S. Case No. 95/2015. The petitioners are of course named in the FIR but no specific allegation is made

Patna High Court Cr.Misc. No.26762 of 2016 (3) dt.01-09-2016 2/2 against the petitioners. Mallu Yadav is also named in the FIR and he has already been granted anticipatory bail vide order passed in Cr. Misc. no. 46865/2015. The case of the petitioners stands on the same footing. Other accused persons have already been granted bail by the learned court below itself.

Considering the facts aforesaid, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged 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 the learned Chief Judicial Magistrate, Gaya in Magadh Medical College Hospital P.S. Case No. 94/2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Dilip/- U T