Bipin Kumar Yadav @ Bipin Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9990 of 2016 Arising Out of PS.Case No. -118 Year- 2015 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Bipin Kumar Yadav @ Bipin Yadav Son of Shri Prabhu Yadav Resident of Village - Shitalpur, P.S. - Raxaul, District - East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binay Kumar For the Opposite Party/s : Mr. S.Dayal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 03-03-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Raxaul P.S. Case No. 118 of 2015 registered for offence under sections 147, 148, 149, 341, 323, 324, 307 and 506 of the Indian Penal Code and 27 of the Arms Act. As per the allegation, all the accused persons assembled and started assaulting the informant and his family members.

Specific allegation has been made against Vashishth Yadav, Kamlesh Yadav and Anish Yadav and their bail has been rejected by this Court in Cr. Misc. No. 45973 of 2015. With regard to those persons who were not actively

Patna High Court Cr.Misc. No.9990 of 2016 (2) dt.03-03-2016 2/2 participate in the aforesaid incident, such as, Pramod Yadav, Girendra Yadav, Upendra Yadav, Wakil Yadav, Byash Yadav, Vikash Yadav, Raj Karan Yadav, Ramnath Yadav, Sanjay Yadav and Manjay Yadav, they have been granted bail. The counsel for the petitioner submits that the case of the petitioner is identical to the persons who have been granted bail.

Looking to facts and circumstances of the case, in the event of arrest or surrender within 4 weeks, petitioner, above named, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate Raxaul, East Champaran at Motihari in Raxaul P.S. Case No. 118 of 2015, subject to the condition as laid down under Section 438 (2) Cr. P.C. and whenever the Police will call the petitioner for investigation/interrogation, he will present himself. If he would not present himself, the privilege of this anticipatory bail will be deemed to have been cancelled.

(Shivaji Pandey, J) Mahesh/- U T