Gono Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1998 of 2018 Arising Out of PS. Case No.-75 Year-2017 Thana- CHANDRADEEP District- Jamui ======================================================
1. Gono Yadav, Son of Late Fakira Yadav @ Prahlad Yadav
2. Baudhu Yadav, Son of Late Fakira Yadav @ Prahlad Yadav.
3. Narayan Yadav, Son of Gono Yadav.
4. Dhanraj Yadav, Son of Late Rameshwar Yadav.
5. Jogi Yadav, Son of Late Rambhajju Yadav.
6. Hari Yadav, Son of Late Gago Yadav @ Jago Yadav, All are Resident of Village- Islampur, Police Station- Chandradip, District- Jamui.
... ... Petitioners
Versus
The State of Bihar.
... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar For the Opposite Party/s :
Mrs. SUCHETA YADAV ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-01-2018 Heard learned counsels for the petitioners and State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 353 and 504 of the IPC.
The prosecution case, as per the written report of Binod Jha, the Station House Officer of Chandradip Police Station is to the effect that on 04.09.2017, when the informant along with other police force went to investigate Chandradip P.S. Case No. 74 of 2017, then he found that co-accused Sanju Yadav, Devendra Yadav, Arvind Yadav and Shailendra Yadav were assaulting Sheo Kumar Yadav by coating soot on his face and
Patna High Court Cr.Misc. No.1998 of 2018(2) dt.17-01-2018 2/3 when the informant tried to rescue Sheo Kumar Yadav then all 27 persons named in the FIR including the petitioner and 200300 unknown persons started abusing the informant and got released Sheo Kumar Yadav.
It is submitted by learned counsel for the petitioners that thrust of accusation is against above named four accused persons who were assaulting Sheo Kumar Yadav. So far as accusation of getting Sheo Kumar Yadav released from the custody of the informant is concerned, that is omnibus and general against a mob as the FIR has been lodged against 27 named and 200-300 unknown persons. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.
Learned APP submits that the petitioners are named in the FIR.
Considering the fact that the accusation is omnibus and general against the mob and the statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand)
Patna High Court Cr.Misc. No.1998 of 2018(2) dt.17-01-2018 3/3 each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Jamui in connection with Chandradip P.S. Case No. 75 of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T