Sita Ram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7683 of 2021 Arising Out of PS. Case No.-446 Year-2018 Thana- NAWADA District- Nawada ====================================================== 1.

SITA RAM YADAV Son of Gowardhan Yadav Resident of Village - Gondapur, P.S. - Nawada, District - Nawada.

2.

Dara Yadav Son of Naresh Yadav Resident of Village - Gondapur, P.S. - Nawada, District - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Mishra For the Opposite Party/s :

Mr. A.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2021 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Nawada Town P.S. Case no. 446 of 2018 instituted for the offence under Sections 147, 148, 149, 341, 323, 307, 337, 353, 283, 285 and 427 of the Indian Penal Code.

As per allegation in the FIR, all the FIR named accused persons including the petitioners have blocked the

Patna High Court CR. MISC. No.7683 of 2021(2) dt.06-12-2021 2/3 Prajatantra Chawk as they want to make free from the police clutches to one Jitendra Pratap @ Jitu, who is accused in Nawata Town P.S. Case No. 196 of 2017 and they were making hindrance to the police in discharging their duties. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. There is no specific allegation against them rather allegations are general and omnibus in nature. They have got no criminal antecedent. Neither the petitioners were arrested on spot nor any incriminating article has been recovered from their possession.

Learned APP appearing for the State has opposed the prayer of bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Nawada Town P.S. Case no. 446 of 2018, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Nawada subject

Patna High Court CR. MISC. No.7683 of 2021(2) dt.06-12-2021 3/3 to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U