Shekhar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53668 of 2018 Arising Out of PS.Case No. -72 Year- 2012 Thana -KAKO District- JEHANABAD ====================================================== Shekhar Yadav, Son of Sri Luchan Yadav, resident of Village- Satanpur, Police Station- Kako in the district of Jehanabad. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Navin Sharma, Advocate. For the Opposite Party : Mr. Mukeshwar Dayal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-10-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 147, 149, 307, 353, 435, 337, 504 and 427 of the IPC.

The prosecution story, in brief, is that some unknown persons are said to have blocked Jehanabad Eakangar-Sarai Main Road by keeping the dead body and they raised slogan against the police and became unruly against the administration. It is further alleged that they have also attacked on police party who has sustained some injury and they have also damaged the part of some vehicles in the precinct of police station. They also caused disturbance in discharging duty of public servant. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There

Patna High Court Cr.Misc. No.53668 of 2018 (4) dt.25-10-2018 2/2 is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has been made accused in the present case due to mistake of fact. 100-150 persons are alleged to have participated in the alleged occurrence. Petitioner is not named in the F.I.R. His name has come in course of investigation. None is said to have been injured in course of occurrence. The case is of the year 2012. The name of the petitioner has come in the present case in the year 2017.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Judge-IV-cumAdditional Chief Judicial Magistrate, Jehanabad, in connection with Kako P.S. Case No. 72 of 2012, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T