Bijendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48787 of 2019 Arising Out of PS. Case No.-613 Year-2014 Thana- NAUBATPUR District- Patna ====================================================== 1.

Bijendra Yadav Son of Late Bishun Yadav Resident of Village- Sarasat, P.S.- Naubatpur, District- Patna.

2.

Ram Kishun Yadav Son of Late Yugeshwar Yadav Resident of VillageSarasat, P.S.- Naubatpur, District- Patna. 3.

Raju Yadav Son of Ram Kishun Yadav Resident of Village- Sarasat, P.S.- Naubatpur, District- Patna.

4.

Luvkush Yadav Son of Ram Kishun Yadav Resident of Village- Sarasat, P.S.- Naubatpur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Sinha For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-08-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Naubatpur P.S. Case No. 613 of 2014, registered for the offence under Sections 147, 148, 149, 342, 307 and 302 of the Indian Penal Code.

The allegation against the petitioners are that petitioners along with other accused persons obstructed the construction work of the informant and assaulted the wife of the informant by means of Garasa, Bhala and other weapons.

Patna High Court CR. MISC. No.48787 of 2019(2) dt.06-08-2019 2/3 Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case along with other accused persons, inasmuch as, the police after investigation submitted a final form not sending the petitioners for trial. Learned counsel further submits that police filed supplementary Charge-Sheet against one Ranjeet Kumar who is a Tempo driver under Sections 279 and 304A of the Indian Penal Code stating that the victim had met with an accident. Learned counsel further submits that other accused persons similarly situated have been granted bail by this Court in Cr. Misc. No. 11391 of 2018 and Cr. Misc. No. 30993 of 2018.

After having heard learned counsel for the parties and taking into consideration the fact that police has submitted final form not sending the petitioners for trial and other accused persons have already grant bail by this Court, I am inclined to grant anticipatory bail to the petitioners.

Let the petitioners, above named, in the event of arrest or surrender before the court below within a period of four weeks from today, be released on bail upon furnishing bail bodn of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial

Patna High Court CR. MISC. No.48787 of 2019(2) dt.06-08-2019 3/3 Magistrate-IV, Danapur, District-Patna, in connection with Naubatpur P.S. Case No. 613 of 2014, subject to conditions as laid down hereinabove and under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) Rahul/- U T