Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44930 of 2019 Arising Out of PS. Case No.-34 Year-2018 Thana- GHOGHARDIHA District- Madhubani ====================================================== Sanjay Yadav Son of Dhanik Lal Yadav, Resident of Village - Baskhora, P.S. - Marauna, District - Supaul ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Hriday Narayan Harshit, Advocate For the Opposite Party/s :

Mr.Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 01-10-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner in the present case is seeking anticipatory bail in connection with Ghoghardiha P.S. Case No. 34 of 2018 registered for the offences punishable under Sections 147, 148, 149, 302, 379, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is said to be a member of the mob but no overt act has been alleged against him.

Learned A.P.P. for the State does not dispute this position. It is further submitted that a co-accused similarly situated has been granted privilege of anticipatory bail by a learned coordinate Bench of this Court in Cr. Misc. No. 28195 of 2019.

Patna High Court CR. MISC. No.44930 of 2019(3) dt.01-10-2019 2/2 In the given facts and circumstances of the case, where the petitioner is also said to be similarly situated co-accused being a member of the mob alone without causing any assault, let in the event of his arrest or surrender within a period of four weeks from today, the petitioner abovenamed be enlarged on bail on furnishing of bail bonds of Rs. 15,000/- (fifteen thousand ) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Jhanjharpur, Madhubani in connection with Ghoghardiha P.S. Case No. 34 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) vats/ved U T