Munna Yadav @ Manoj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5988 of 2021 Arising Out of PS. Case No.-480 Year-2020 Thana- BANKA District- Banka ====================================================== MUNNA YADAV @ MANOJ YADAV SON OF LATE SIKANDAR YADAV VILLAGE- MAJLISPUR, P.S. AND DISTRICT- BANKA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajendra Prasad Sah For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-08-2021 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioner is apprehending his arrest in Banka P.S. Case No. 480 of 2020 registered for the offence under Sections 147, 148, 149, 341, 323, 307, 353, 504 of the Indian Penal Code, 27 of the Arms Act and 3⁄4 of Explosive Substances Act. Allegedly, on the tip off, the informant with police personnel reached at the place of occurrence to inquire about the dispute. It is alleged that bricks and stones were pelted and bomb was hurled. Firing was also made. Two injured were arrested and sent to jail.

Patna High Court CR. MISC. No.5988 of 2021(2) dt.12-08-2021 2/3 It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. General and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. The scuffle had taken place between two groups. Altogether 24 persons are named in the FIR alongwith 25-30 unknown persons.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Banka P.S. Case No. 480 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight

Patna High Court CR. MISC. No.5988 of 2021(2) dt.12-08-2021 3/3 weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T