Umesh Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.749 of 2019 Arising Out of PS. Case No.-75 Year-2015 Thana- ATRI District- Gaya ======================================================

1. Umesh Yadav and Ors Govind Yadav Resident of Village-Sukhe Bigha, P.S.- Atri, District - Gaya

2. Govind Yadav Khirodhar Yadav Resident of Village-Sukhe Bigha, P.S.- Atri, District - Gaya

3. Mithilesh Yadav Krishna Yadav Resident of Village-Sukhe Bigha, P.S.- Atri, District - Gaya

4. Vikash Yadav Krishna Yadav Resident of Village-Sukhe Bigha, P.S.- Atri, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satrudhan Kumar For the Opposite Party/s :

Mr.Sri Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-01-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Atri P.S. Case N0. 75 of 2015 ( G.R. No. 2700 of 2015), disclosing offences under Sections 147, 148, 149, 323, 324, 325, 326, 307, 353, 427, 395 of the Indian Penal Code and Section 27 of the Arms Act.

There is allegation against 30 persons named in the First Information Report and 150 unnamed, who are said to have assaulted a constable of Special Armed Police. Learned counsel appearing on behalf of the petitioners has submitted that there is no specific allegation against these

Patna High Court Cr.Misc. No.749 of 2019(2) dt.25-01-2019 2/2 petitioners of any overt act. On perusal of the First Information Report, I find force in the submission made on behalf of the petitioners and the allegation is general and omnibus. This application is allowed.

Let the petitioners above named in the event of their arrest/surrender within six 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 the learned Additional Chief Judicial Magistrate, Gaya in Atri P.S. Case No. 75 of 2015 (G.R. No. 2700 of 2015, 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) arun/- U