Ashok Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21370 of 2018 Arising Out of PS.Case No. -201 Year- 2017 Thana - RANIYATALAB District- PATNA =====================================
1. Ashok Yadav Son of Baban Yadav,
2. Chhote Lal Yadav Son of Late Keshaw Yadav,
3. Kaushal Yadav @ Kaushal Kumar Yadav Son of late Ram Lakhan Yadav,
4. Manish @ Manish Yadav Son of Manoj Yadav, All Resident of Village-Dhana, P.S.-Rani Talab. DistrictPatna. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ===================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Sinha For the State : Mr. Sri Satyadev Prasad Singh Yadav ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 26-04-2018 The petitioners seek bail in anticipation of their arrest in connection with Rani Talab P.S. Case No. 201 of 2017 dated 24.10.2017 instituted for the offences under Sections 147, 148, 149, 341, 323, 379, 307, 504, 447 of the Indian Penal Code and Section 27 of the Arms Act.
Twenty six persons have been named in the F.I.R. The allegation levelled against the accused persons including the petitioners is of resorting to vandalism and firing, leading to injuries of two persons. So far as the allegation of assault is concerned, co-accused Bhushan Yadav is said to have fired a shot from his weapon leading to injuries on the persons of
Patna High Court Cr.Misc. No.21370 of 2018 (2) dt.26-04-2018 2/3 one Sunil Yadav and co-accused Babul Yadav is alleged to have given an iron rod blow on the head of one Nippu Yadav resulting in injuries on his person. The other accused person viz. Ritesh Yadav @ Bhalu is alleged to have broken the door of the house of Randhir Yadav and the accused persons looted the household articles. The person who has been injured by the gunshot, has been examined by the doctor and the corresponding injuries found on his person and the injuries suffered by Nippu Yadav are said to be simple in nature.
The learned counsel for the petitioners has submitted that the petitioners in the present case are only alleged to be members of the mob and there is nothing specific alleged against them. It has further been submitted that the genesis of the occurrence is absolutely different from what has been alleged in the present F.I.R. It has been submitted that in the evening of 23.10.2017, the informant of the present case along with others were assaulting one Shashi Bhushan Yadav and in an attempt to rescue him, an occurrence took place in which three persons from the side of the petitioners viz. Umesh Yadav, Shashi Bhushan and Kaushal Yadav have received injuries and have been treated at Primary Health Centre, Vikram. The F.I.R also was lodged with respect to the occurrence vide Rani Talab P.S. Case No. 200 of 2017.
Patna High Court Cr.Misc. No.21370 of 2018 (2) dt.26-04-2018 3/3 The petitioners do not have any criminal antecedent. Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before learned Court below within a period of four weeks from today, be released on bail on their furnishing bail bonds of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Danapur, Patna in connection with Rani Talab P.S. Case No. 201 of 2017.
(Ashutosh Kumar, J) Shageer/- U T