Bhagawan Deo Yadav @ Bhagawan Deo Prabhakar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33668 of 2024 Arising Out of PS. Case No.-315 Year-2021 Thana- LAUKAHA District- Madhubani ====================================================== 1.
Bhagawan Deo Yadav @ Bhagawan Deo Prabhakar Son of Dharmanath Yadav Resident of Village- Malin Belha, P.S.- Laukaha (Lalmaniya O.P.), Dist.- Madhubani 2.
Rama Nand Yadav @ Ramanand Yadav Son of Dhanpait Yadav Resident of Village- Malin Belha, P.S.- Laukaha (Lalmaniya O.P.), Dist.- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Jitendra Bharti, Advocate For the State :
Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-07-2024 Heard learned counsels for the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 149, 188, 447, 341, 342, 323, 332, 333, 353, 307, 427, 379, 504 and 506 of the Indian Penal Code.
3. As per prosecution case, a mob of about 400-500 people created disturbance at Booth Nos. 53 and 54 and also not allowed to move the E.V.M. machine and assaulted the police
Patna High Court CR. MISC. No.33668 of 2024(2) dt.12-07-2024 2/3 personnel.
4. It is submitted by learned counsel appearing on behalf of the petitioner that there is general and omnibus allegations. No specific accusation of any overt act has been alleged against these petitioners. Moreover, similarly situated co-accused persons have already been granted the privilege of anticipatory bail by Hon'ble Court vide orders dated 12.03.2024 and 02.04.2024 passed in Cr. Misc. Nos. 11596 of 2024 and 19565 of 2024. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the aforesaid facts and circumstances, claim based on parity and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioners 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 learned Sub-Divisional Judicial Magistrate, Jhanjharpur, District- Madhubani, in
Patna High Court CR. MISC. No.33668 of 2024(2) dt.12-07-2024 3/3 connection with Laukaha (Lalmaniya) P.S. Case No. 315 of 2021 (G.R. Case No. 1667 of 2021), subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashank/- U T