Mukesh Yadav And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.53935 of 2017 (2) dt.09-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53935 of 2017 Arising Out of PS.Case No. -178 Year- 2017 Thana -PARWATTA District- KHAGARIA ======================================================

1. Mukesh Yadav, son of Bisheshwar Yadav

2. Pankaj Yadav, son of Late Daya Yadav

3. Mantu Yadav, son of Bisheshwar Yadav

4. Rajesh Yadav, son of Bisheshwar Yadav All resident of village - Khiradih, P.S. - Parbatta, District - Khagaria. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar, Advocate For the Opposite Party/s : Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

09-11-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners, in the present, case, are seeking Anticipatory Bail in connection with Parbatta P.S. Case No. 178/2017 for the offences under Sections 224, 225, 353, 341, 323, 504/34 of the Indian Penal Code. At the outset, learned counsel for the petitioners submits that the petitioner no. 1, namely, Mukesh Yadav, has already been arrested, and therefore, the present application, as against him, has become infructuous.

Learned counsel for the petitioners further submits that so far as petitioner nos. 2 to 4 are concerned,

Patna High Court Cr.Misc. No.53935 of 2017 (2) dt.09-11-2017 there are general and omnibus allegation against them that while the police party had gone to arrest Santosh Yadav, these persons created hindrance with the police party. Learned counsel submits that the allegations are vague and the petitioners have been falsely implicated in the present case.

Learned Additional Public Prosecutor for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the facts and circumstances of the case, in the event of their arrest/surrender before the court below within a period of four weeks, let the petitioner nos. 2 to 4, above-named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate - I, Khagaria, in connection with Parbatta P.S. Case No. 178/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rajeev Ranjan Prasad, J.) Rajeev/- U T