Vidya Nand Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38088 of 2020 Arising Out of PS. Case No.-159 Year-2014 Thana- BAHERA District- Darbhanga ====================================================== 1.

VIDYA NAND YADAV S/o Chandeshwar Yadav Resident of Village-Pakri, Police Station-Ali Nagar, District-Darbhanga. 2.

Rakesh Mishra @ Rakesh Kumar Mishra S/o Raj Kumar Mishra Resident of Village-Pakri, Police Station-Ali Nagar, District-Darbhanga. 3.

Dhiraj Kumar Yadav @ Dhiraj Kumar S/o Jiwacch Yadav Resident of Village-Pakri, Police Station-Ali Nagar, District-Darbhanga. 4.

Jiwacch Yadav S/o Late Ram Chalitra Yadav Resident of Village-Pakri, Police Station-Ali Nagar, District-Darbhanga. 5.

Tej Narayan Yadav S/o Shivnath Yadav Resident of Village-Pakri, Police Station-Ali Nagar, District-Darbhanga.

6.

Ajay Kumar Jha S/o Shiv Kant Jha Resident of Village-Pakri, Police StationAli Nagar, District-Darbhanga. 7.

Jai Narayan Mishra S/o Surya Narayan Mishra Resident of Village-Pakri, Police Station-Ali Nagar, District-Darbhanga. 8.

Indra Kant Mishra S/o Jiwacch Mishra Resident of Village-Pakri, Police Station-Ali Nagar, District-Darbhanga.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Jha For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 16-04-2021 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Bahera (Ali Nagar O.P.) P.S. Case No. 159 of 2014 instituted for the offence under Sections 147, 149, 504, 506, 188, 353 and 427 of the Indian Penal

Patna High Court CR. MISC. No.38088 of 2020(2) dt.16-04-2021 2/3 Code.

The petitioners have been named in the F.I.R amongst several other persons, who are alleged to have created disturbance at the time of polling.

Learned counsel for the petitioners has submitted that an absolutely false and concocted case has been lodged against the petitioners because of political motives. The petitioners have not committed any offence and in fact only because they are supporters of a political party, they have been made accused in this case. Twenty two persons have been made accused in the F.I.R. including the petitioners but there is no specific accusation against anyone of the petitioners.

The petitioners do not have criminal antecedents. Considering the afore-stated facts, the petitioners, above named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two

Patna High Court CR. MISC. No.38088 of 2020(2) dt.16-04-2021 3/3 sureties of the like amount each to the satisfaction of learned Sub-Divisinal Judicial Magistrate, Benipur, District - Darbhanga, in connection with Bahera (Ali Nagar O.P.) P.S. Case No. 159 of 2014, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure (Ashutosh Kumar, J) sunilkumar/- U T