Guziya Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43450 of 2023 Arising Out of PS. Case No.-68 Year-2023 Thana- CHANDI District- Bhojpur ====================================================== 1.

GUZIYA YADAV S/O SHANKAR YADAV R/O Village- Dehari, P.SSandesh, Distt.- Bhojpur. 2.

Manish @ Bhairo @ Manish Kumar S/O Guziya Yadav R/O VillageDehari, P.S- Sandesh, Distt.- Bhojpur. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 46302 of 2023 Arising Out of PS. Case No.-68 Year-2023 Thana- CHANDI District- Bhojpur ====================================================== 1.

Amit Kumar Son Of Jay Prakash Singh@ Jhuri Resident Of Village - Dihri, Ps- Sandesh, Distt- Bhojpur 2.

Pawan Kumar Son Of Jay Prakash Singh @ Jhuri Resident Of Village - Dihri, Ps- Sandesh, Distt- Bhojpur 3.

Jay Prakash Singh @ Jhuri Son Of Late Chandrika Resident Of Village - Dihri, Ps- Sandesh, Distt- Bhojpur ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 43450 of 2023) For the Petitioner/s :

Mr. Sunil Kumar For the Opposite Party/s :

Mr. Md. Anbzarul Haque Sahara (In CRIMINAL MISCELLANEOUS No. 46302 of 2023) For the Petitioner/s :

Mr. Prabhat Kumar Singh For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-08-2023 As both these applications arises from the same P.S. Case No. with consent of parties, they have been heard together and disposed of by this common order.

2. Heard learned counsel for the petitioners and learned APP for the State.

Patna High Court CR. MISC. No.43450 of 2023(2) dt.18-08-2023 2/3

3. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 427, 353, 504 and 506 of the Indian Penal Code pending in the learned court below.

4. As per the prosecution case, petitioners 20-25 along with unknown persons are said to have pelted stones on the police force and also instigated to set fire in the police vehicle. Due to aforesaid pelting, the police personnel received injury.

5. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that the petitioners are only members of the mob. He submits that there is no specific overt act against the petitioners. He further submits that there is general and omnibus allegations levelled against the petitioners. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.

6. Learned APP for the State opposes the prayer for bail.

7. Considering the aforesaid facts and circumstances and the fact that petitioners are members of the mob, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks

Patna High Court CR. MISC. No.43450 of 2023(2) dt.18-08-2023 3/3 from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Chandi P.S. Case No.68/2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T