Shankar Prasad Yadav @ Shankar Rai @ Shankar Prasad And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2053 of 2017 Arising Out of PS.Case No. -216 Year- 2016 Thana -SARAIYA District- MUZAFFARPUR ======================================================

1. Shankar Prasad Yadav @ Shankar Rai @ Shankar Prasad, S/o Dhananjay Prasad Yadav, resident of village Neem Patti, Lalu Chapra, P.S. Paroo, District- Muzaffarpur.

2. Md. Shakil @ Shakil Ahmad, S/o Md. Abba, resident of Village Saraiya Kothi, P.S. Saraiya, District- Muzaffarpur.

3. Baiju Rai @ Baiju Kumar Rai, S/o Sohan Rai. resident of Village Gopinathpur, Dikara, P.S. Saraiya, District- Muzaffarpur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Ranjan No.Ii For the Opposite Party/s : Mr. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-03-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Saraiya P.S. Case No.216/16 registered under Sections 147, 149, 188, 278, 283, 336, 427 and 353 of the Indian Penal Code. The accusation is that on 28.6.2016 in Sariya Block Pramukh election one Kanchanmala was declared winning candidate whereas other candidate Urmila Devi was declared defeated. Due to that reason Urmila Devi and her supporters blocked the Saraiya bridge and started to raise slogans against the administration. In the meantime, at about 8 P.M. incident of fire

Patna High Court Cr.Misc. No.2053 of 2017 (3) dt.08-03-2017 2/2 took place in village- Banauli but due to blockage of the road vehicle of Fire Brigade could not reach for rescue due to which much loss occurred due to the fire incident. A mob of 500 unknown persons was leaded by the petitioners along with Raj Kumar Sah, Md. Shakil Ahmad.

Learned counsel for the petitioners submits that the petitioners were also present there to pacify the dispute but their names have also been named in the F.I.R. due to political rivalary. Having regard to the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Learned S.D.J.M.,, West Muzaffarpur, in connection with Sariya P.S. Case No.216/16 subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) AnilKrSinha/- U