Ford Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6170 of 2016 Arising Out of PS.Case No. -76 Year- 2015 Thana -MANSAHI District- KATIHAR ======================================================

1. Ford Yadav S/o Ram Bilash Yadav, resident of Village- Basantpur Kajra, P.S.- Manshi, District- Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Ataur Rahman, Advocate For the Opposite Party/s : Mr. Pranav Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-02-2016 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 147, 149, 353 of the Indian Penal Code.

The prosecution case is that the accused persons including the petitioner and 25-30 unknown persons forming an unlawful assembly blocked Katihar Mansi road and thereby obstructed the police personnel to discharge their duties.

It is submitted by the learned counsel for the petitioner that for the same occurrence Mansahi P.S. Case No. 75 of 2015 was registered by a Constable, wherein the petitioner has not been made accused. Statement to that effect has been made in para-8 of the petition which reads as follows:- "That it is most humbly submitted that on the same occurrence

Patna High Court Cr.Misc. No.6170 of 2016 (2) dt.09-02-2016 other case being Mansahi P.S. Case No. 75 of 2015 was also registered by a Constable but petitioner is not accused in that case."

The accusation is omnibus and general. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.

Considering the aforesaid facts, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Mansahi P.S. Case No. 76 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Dinesh Kumar Singh, J) P.K./- U T