Patna High CourtCR. MISC./37330/2015bail granted

Rajesh Yadav And ANR v. The State Of Bihar

2015-09-15Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37330 of 2015 Arising Out of PS.Case No. -84 Year- 2011 Thana -ROSHANGAANJ District- GAYA ======================================================

1. Rajesh Yadav, son of Bilash Yadav

2. Ram Brich Yadav, son of Jatu Yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. S. Jamil Akhtar, Advocate For the Opposite Party/s : Mr. Shailendra Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-09-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 341, 342, 323, 504, 332, 307, 337, 353, 427 and 283 of the Indian Penal Code.

The prosecution case is that the mob was protesting against murder of Umesh Yadav when the road was blocked by putting the dead body on the road, when the police went to pacify the matter then they attacked on the police personnel and damaged several vehicles.

Learned counsel for the petitioners submits that the accusation is against the mob and the FIR has been registered against 82 named and 100-200 unknown. The accusation is omnibus and

Patna High Court Cr.Misc. No.37330 of 2015 (2) dt.15-09-2015 2/2 general and the police force lodged the present case to conceal their laches for not taking action when Umesh Yadav was killed. It is further submitted that similarly situated co-accused Vishnu Charan Yadav has been granted anticipatory bail by a co-ordinate bench of this court vide Criminal Miscellaneous No. 33219 of 2015. Moreover, statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Sherghati, Gaya in connection with Roshanganj P.S. Case No.84 of 2011, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T