Sukhram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48766 of 2019 Arising Out of PS. Case No.-29 Year-2019 Thana- MARAUNA District- Supaul ====================================================== 1.

Sukhram Yadav, Son of Motilal Yadav Resident of Village - Tetriyahi, P.S.- Marauna, District - Supaul.

2.

Ramdev Yadav @ Munni Yadav Son of Kari Yadav Resident of Village - Tetriyahi, P.S.- Marauna, District - Supaul.

3.

Agni Dev Yadav Son of Sukram Yadav Resident of Village - Tetriyahi, P.S.- Marauna, District - Supaul.

4.

Jharilal Yadav Son of Bahadur Yadav Resident of Village - Tetriyahi, P.S.- Marauna, District - Supaul.

5.

Gunsagar Yadav Son of Motilal Yadav Resident of Village - Tetriyahi, P.S.- Marauna, District - Supaul.

6.

Umada Devi Wife of Jitan Yadav Resident of Village - Tetriyahi, P.S.- Marauna, District - Supaul.

7.

Jitan Yadav Son of Khushi Lal Yadav Resident of Village - Tetriyahi, P.S.- Marauna, District - Supaul.

8.

Ramashish Yadav@ Ramashish Kumar Yadav Son of Jitan Yadav Resident of Village - Tetriyahi, P.S.- Marauna, District - Supaul. 9.

Rajdhar Yadav@ Bholat Yadav Son of Vasudev Yadav Resident of Village - Tetriyahi, P.S.- Marauna, District - Supaul.

10.

Pramod Yadav Son of Ramchandra Yadav Resident of Village - Majhaura, P.S.- Marauna, District - Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-08-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

Petitioners apprehend their arrest in connection with Marauna P.S. Case No.29 of 2019 for the offence punishable

Patna High Court CR. MISC. No.48766 of 2019(2) dt.06-08-2019 2/3 under Sections 341, 323, 307, 188, 353, 333/34 of the Indian Penal Code.

The allegation against the petitioners, as mentioned in the FIR is that while the police was on patrolling duty on the eve of Holi festival, the petitioners along with other accused persons were dancing on the hard music of D.J. and when the police intervened, the accused persons started assaulting and tried to snatch Rifle from Constable Ajit Kumar. It has further been alleged that accused persons including the petitioners also assaulted Constable Sunil Kumar on his head by his weapon. Mr. Arun Kumar, learned counsel appearing for the petitioners submits that petitioners have falsely been implicated in this case inasmuch as petitioner No.6 and 7 had also lodged complaint case against the police officer alleging manhandling to the petitioners and others in inebriated condition.

Learned counsel further submits that no serious injures has been caused to the constable and only there was minor injury on his head which would be evident from the impugned order itself.

Patna High Court CR. MISC. No.48766 of 2019(2) dt.06-08-2019 3/3 constable, as such, I am inclined to grant anticipatory bail to all the petitioners.

Accordingly, all the petitioners, above named, are directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by them, they shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist, Supaul, subject to the condition as mentioned under Section 438 (2) of Cr.P.C. (Anil Kumar Sinha, J) sanjeev/- U T