Umesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1316 of 2021 Arising Out of PS. Case No.-69 Year-2020 Thana- KARPI District- Jehanabad ====================================================== 1.

Umesh Yadav, Son of Late Sitaram Yadav 2.

Sunil Yadav, Son of Jay Govind Yadav 3.

Jai Gopal Yadav @ Kalut Yadav, Son of Late Raghupati Yadav All are Resident of Santosh Bigha, P.S.- Karpi, District- Arwal, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prince Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-07-2021 Mr. Prince Kumar Mishra, the learned Advocate for the petitioners seeks permission to withdraw the application with respect to petitioner No. 3, viz., Jai Gopal Yadav @ Kalut Yadav as he has been arrested.

Permission is granted.

The application with respect to petitioner No. 3 is dismissed as withdrawn as having become infructuous. Heard the counsel for the parties.

The petitioner Nos. 1 and 2 seek bail in anticipation of their arrest in connection with Karpi P.S. Case No. 69 of

Patna High Court CR. MISC. No.1316 of 2021(2) dt.08-07-2021 2/3 2020, instituted for the offences under Sections 147, 323, 341, 307 and 504 of the Indian Penal Code.

One Ward Member of a particular area has lodged the F.I.R. alleging that when he found the Aaganwadi Sevika distributing the Take Home Ration (THR) according to her own whims, he asked her for the list of the beneficiaries. This enraged the family members of aforesaid Aaganwadi Sevika, who assaulted the informant.

The learned counsel for the petitioner Nos. 1 and 2 has submitted that the accusation of assault is general and omnibus so far as they are concerned. There is specific allegation against other accused persons of having assaulted the informant. Apart from this, it has been submitted that there is some dispute between the parties with respect to distribution of Take Home Ration (THR) and the informant in his capacity as Ward Member was trying to have the Take Home Ration (THR) ration distributed to his own persons. This was the bone of contention between the informant and the aforesaid Aaganwadi Sevika.

The petitioner Nos. 1 and 2 are said to be

Patna High Court CR. MISC. No.1316 of 2021(2) dt.08-07-2021 3/3 associates of aforesaid Aaganwadi Sevika.

Regard being had to the facts afore-stated, this Court is inclined to admit the petitioner Nos. 1 and 2 to anticipatory bail.

The petitioner Nos. 1 and 2, viz., Umesh Yadav and Sunil Yadav respectively, in the event of their arrest or surrender before the learned Court below within a period of eight weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Arwal in connection with Karpi P.S. Case No. 69 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands disposed off accordingly.. (Ashutosh Kumar, J) Praveen-II/- U T