Rahul Yadav @ Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30137 of 2023 Arising Out of PS. Case No.-31 Year-2022 Thana- BATH District- Bhagalpur ====================================================== 1.
RAHUL YADAV @ RAHUL KUMAR Son of Sri Ravindra Yadav Resident of village - Shyampur, P.S. - Baath, Distt. - Bhagalpur 2.
Raja Yadav @ Raj Kumar Son of Sri Bhatthi Yadav @ Mantu Yadav Resident of village - Shyampur, P.S. - Baath, Distt. - Bhagalpur 3.
Pillet Yadav @ Abhinav Kumar Son of Sri Sonelal Yadav Resident of village - Shyampur, P.S. - Baath, Distt. - Bhagalpur 4.
Ravindra Yadav @ Ravindra Kumar Yadav Son of Late Jagat Ram Yadav Resident of village - Shyampur, P.S. - Baath, Distt. - Bhagalpur 5.
Bablu Tanti Son of Late Siyaram Tanti Resident of village - Shyampur, P.S. - Baath, Distt. - Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Deepak Kumar Sinha For the Opposite Party/s :
Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-07-2023
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 333, 337, 338, 353, 307, 427 of the Indian Penal Code.
3. The informant alleges that on 11.04.2022 he received an information that wife of Mukhiya, namely Anita Devi, committed suicide by hanging, accordingly, he reached
Patna High Court CR. MISC. No.30137 of 2023(2) dt.26-07-2023 2/3 the place of occurrence with police force where from before officials were present, it is next alleged that a crowd gathered and started assaulting Mohan and Deepak causing injury to them, further, the crowd did not allow the police to take the injured to the hospital and as they were pelting stones on the force and the occurrence was video-graphed. It is next alleged that both the injured were sent to hospital after the crowd was controlled, it is also alleged that even police personal were also injured in the occurrence.
4. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent.
5. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case, it is next submitted that from bare perusal of the allegations as alleged in the FIR, it would manifest that no specific allegation of committing any overt act is alleged to have been committed by the occurrence though they are alleged to be members of unlawful assembly.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
7. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the
Patna High Court CR. MISC. No.30137 of 2023(2) dt.26-07-2023 3/3 event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Baath P.S. Case No. 31 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) HarshPandey/- U T