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Patna High CourtCR. MISC./47789/2017bail granted

Ravindra Yadav @ Ravindra Prasad Yadav And ANR v. The State Of Bihar

2017-12-13Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47789 of 2017 Arising Out of PS.Case No. -103 Year- 2017 Thana -KOTWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. RAVINDRA YADAV @ RAVINDRA PRASAD YADAV, Son of Wakil Yadav,

2. Sheojee Yadav, Son of Wakil Yadav, Both residents of VillageKalyanpurbrit, Police station- Kotawa, District- East Champaran, Motihari.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Anwar Karim For the Opposite Party/s : Mr. Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 13-12-2017 The learned counsel for the petitioners submits that petitioner no.2, namely Sheojee Yadav has been arrested and as such prayer has been made to withdraw his prayer for pre-arrest bail.

Accordingly, prayer for pre-arrest bail of petitioner no.2, namely, Sheojee Yadav is hereby dismissed as withdrawn and this petition will be heard now only for petitioner no.1, namely, Ravindra Yadav @ Ravindra Prasad Yadav. Heard the learned counsel for the petitioner as well as the learned A.P.P. for the state.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Kotwa P.S. Case No. 103 of 2017 for the offences punishable under sections 147, 148, 149,

Patna High Court Cr.Misc. No.47789 of 2017 (3) dt.13-12-2017 2/2 448, 504, 307, 323 and 302 of the I.P.C.

In the First Information Report there is general and omnibus allegation against the petitioner Ravindra Yadav, specific allegation is against Birendra Yadav who has assaulted with farsa. Submission is of false implication and that due to dirty village politics the petitioner has been implicated in this case, he was not involved in the occurrence, in the case diary also no specific allegation has come against the petitioner and as such the petitioner deserves sympathetic consideration. The learned A.P.P. fairly submits that the specific allegation is against Birendra Yadav.

In the facts and circumstances stated above, the petitioner no. 1, namely, Ravindra Yadav @ Ravindra Prasad Yadav, in case of his arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M, East Champaran, Motihari in connection with the aforementioned case, subject to the condition as laid down under section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T