Rajan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45266 of 2021 Arising Out of PS. Case No.-107 Year-2021 Thana- HARSIDHI District- East Champaran ====================================================== 1.

Rajan Yadav Son of Amar Yadav Resident of Village- Matiyariya Chak P.S.- Harsidhi, District- East Chamapran.

2.

Chandra Bhusan Kumar @ Bhola Son of Mahanth Sigh @ Mahwa Singh Resident of Village- Matiyariya Chak P.S.- Harsidhi, District- East Chamapran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prateek Tandon, Advocate For the Opposite Party/s :

Mr. Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-01-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual Court proceedings. The petitioners seek regular bail in connection with Harsidhi P.S. Case No. 107 of 2021 instituted for the offences under Sections 147, 148, 149, 109, 120B, 151, 152, 186, 341, 323, 324, 307, 353, 332, 333, 431, 427, 435, 337, 504 and 506 of the Indian Penal Code read with Section 27 of the Arms Act and Sections 3 and 4 of the Damage to Public Property Act. Learned counsel for the petitioners submits that the petitioners are in custody since 08.06.2021, are persons with clean antecedent and charge-sheet has been submitted in the case.

Patna High Court CR. MISC. No.45266 of 2021(2) dt.05-01-2022 2/3 Learned counsel for the petitioners submits that from perusal of the allegation as alleged in the F.I.R. it would manifest that the informant alleges that on receiving information that PACS Chairman has been shot dead and the accused has been caught and is being assaulted by villagers, the informant reached the place of occurrence along with police force when villagers started brick-batting and assaulted the police personnel.

Learned counsel for the petitioners submits that allegations in the F.I.R. are general and omnibus in nature, on account of killing of the PACS Chairman, there was a ruckus as the police was trying to save the culprits as such there was an opposition from the side of the villagers which led to institution of the present F.I.R.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioners.

Considering the fact that the petitioners are in custody since 08.06.2021, charge-sheet has been submitted in the case and the petitioners are persons with clean antecedent, let the petitioners above named be released on bail on furnishing bail bond of Rs. 2,000/- (Rupees Two Thousand only) each with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.45266 of 2021(2) dt.05-01-2022 3/3 C.J.M., Motihari, East Champaran in connection with Harsidhi P.S. Case No. 107 of 2021.

(Satyavrat Verma, J) Rishi/- U T