Abhay Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.7005 of 2015 (4) dt.02-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7005 of 2015 Arising Out of PS.Case No. -94 Year- 2014 Thana -BARIYARPUR District- MUNGER ======================================================

1. Abhay Yadav S/o Late Shyam Yadav Resident of village - Ghorghat, Police Station - Bariyarpur, District - Munger .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arpana Kumari For the Opposite Party/s : Mr. Ambika Bhagat (Spl.Pp) For the Informant : Mr. Vijay Anand,Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 02-07-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State as well as learned counsel for the Informant.

The petitioner seeks anticipatory bail in a case registered for the offences punishable under Sections 147,148,149,457,302 of the Indian Penal Code and 27 (1) of the Arms Act and other provisions of Scheduled Caste and Scheduled Tribe ( Prevention of Atrocities) Act.

Learned counsel for the petitioner has submitted that there is no specific allegation against the petitioner except that he has been described as a member of the mob. Learned counsel for the petitioner has also submitted that no offence under the

Patna High Court Cr.Misc. No.7005 of 2015 (4) dt.02-07-2015 provisions of Scheduled Caste and Scheduled Tribe ( Prevention of Atrocities) Act is made out against the petitioner as the allegation are general and omnibus. He has further submitted that in similar circumstance other co accused, namely, Sunit Kumar and Krishna Singh have been granted bail by this Court by order dated 9.1.2015 passed in Cr. Misc. No. 761 of 2015 and by order dated 15.1.2015 passed in Cr. Misc. No. 1705 of 2015. In view of the submission as above, let above named petitioner in the event of his arrest/surrender within four weeks from today in the Court below, 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 the learned Chief Judicial Magistrate, Munger, in Bariyarpur P.S. Case No. 94 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Chakradhari Sharan Singh, J) ArunKumar/- U