Ramchandra Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14791 of 2016 Arising Out of PS.Case No. -258 Year- 2015 Thana -KHAGARIA District- KHAGARIA ======================================================
1. Ramchandra Yadav Son of Late Malhori Yadav
2. Arun Yadav Son of Ram Dev Yadav
3. Rohit Yadav Son of Ramchandra Yadav
4. Bijen Yadav Son of Late Pahari Yadav
5. Birbal Yadav Son of Bijen Yadav @ Bijendra Yadav
6. Kavi Yadav Son of Late Bijen Yadav @ Gajendra Yadav
7. Ravi Yadav Son of Kago Yadav @ Rajiv Ranjan Yadav
8. Sheth Yadav Son of Rambadan Yadav
9. Arun Yadav Son of Rambadan Yadav
10. Jainul Yadav Son of Late Shibu Yadav @ Shivnandan
11. Paro Yadav Son of Damodar Yadav
12. Pravesh Yadav Son of Jichhu Yadav @ Bichhnandan Yadav
13. Awadhesh Yadav Son of Jichhu Yadav @ Bichhnandan Yadav
14. Pankaj Yadav Son of Rajo Yadav @ Rajendra Yadav
15. Manoj Yadav Son of Rajo Yadav @ Rajendra Yadav All are resident of village - Hiro Tole, P.S. Sahebpur Kamal, District - Begusarai at Present residing at Mohalla - Tartar, P.S. Muffasil, District - Khagaria .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Mr. Sanjay Kumar Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-05-2016 Heard learned counsel for the petitioners and the learned Addl. Public Prosecutor, appearing on behalf of the State. This application for grant of anticipatory bail arises out of Khagaria (Muffasil) P.S.Case No. 258/2015, disclosing offences under sections 147, 148, 149, 341, 323, 379, 307m 385m 435, 354, 504 of the Indian Penal Code and section 27 of the Arms Act.
Patna High Court Cr.Misc. No.14791 of 2016 (2) dt.03-05-2016 Learned counsel for the petitioners has submitted that there are altogether 22 persons named in the First Information Report. He submits that there is no specific allegation of any overt act against these petitioners, though there is such allegation against the other co-accused persons, namely, Ramdeo Yadav, Arun Yadav and Sudish Yadav. He has submitted that even if the allegations, as contained in the First Information Report, are taken to be true, the petitioners have been described as the members of the mob. The petitioners have no criminal antecedent, as stated in paragraph no.3 of the application.
Considering the above, this application is allowed. Let the petitioners, abovenamed, in the event of their arrest/ surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria in Khagaria (Muffasil) P.S.Case No. 258/2015, subject to the conditions as laid down under section 438(2) of the Cr.P.C. This is subject to the condition that the petitioners shall present themselves before the police/ court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail
Patna High Court Cr.Misc. No.14791 of 2016 (2) dt.03-05-2016 bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) Surendra/- U