Dayanand Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.44484 of 2016 (2) dt.27-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44484 of 2016 Arising Out of PS.Case No. -429 Year- 2015 Thana -BARAUNI District- BEGUSARAI ====================================================== Dayanand Yadav, S/o Bauye Lal Yadav, R/o Vill- Bariyahi, P.S.- Barauni (Chakia), Dist.- Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hare Krishna Prasad, Advocate. For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-10-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Barauni (Chakia) P.S. Case No. 429 of 2015 registered under Sections 144, 149, 152,153, 290 and 353 of the Indian Penal Code. The accusation is that public, at large, were protesting against the murder of Bablu Yadav and they blocked the National Highway-31. When the police reached there and made intervention then the mob along with 22 persons named in the F.I.R. including the petitioner attacked the police party and damaged the police vehicle.

Learned counsel for the petitioner submits that petitioner is the resident of Village, Bariyahi, P.S.- Barauni

Patna High Court Cr.Misc. No.44484 of 2016 (2) dt.27-10-2016 (Chakia) situated near the National Highway-31 due to that reason his name has been mentioned in the F.I.R. It is further submitted that similarly situated co-accused, Sanjeev Kumar, Bikram Kumar, Pappu Yadav and Bhikhari Yadav, have already been granted privilege of anticipatory bail by a Bench of this Court vide order dated 29.08.2016 passed in Criminal Misc. No. 32247 of 2016.

Considering the aforesaid submissions, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai, in connection with Barauni (Chakia) P.S. Case No. 429 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T