Dilip Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59619 of 2022 Arising Out of PS. Case No.-65 Year-2020 Thana- MARANCHI District- Patna ====================================================== Dilip Yadav Son of Debu Yadav R/o Village- Sitarampur, P.S.- Matihani, Distt.- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 337, 338, 353, 427, 325, 435, 436, 379, 385, 386, 387, 504, 506, 120(B), 188, 269, 270/34 of the Indian Penal Code read with Section 3 of the Epidemic Disease Act, 1987.
Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that 290 acres of land was acquired and given by the State Government for construction of S. Dike of N.T.P.C. for which police force was deputed for peaceful construction, it is next alleged that on 30.05.2020, the workers of N.T.P.C. were
Patna High Court CR. MISC. No.59619 of 2022(2) dt.21-11-2022 2/3 doing the work when at about 11.00 am 100 persons of villageRamdiri and Jagatpura came and tried to stop the work and started pelting stones upon the police force and even attacked them with lathi, danda and iron rod, as a result of which, driver of the informant, Subhash Singh and other police personnel received injury and the mob also damaged poklane J.C.B., tractor and vehicles of the informant, it is further alleged that the mob set ablaze the Bentonight which was kept under tripal. It is further alleged that 41 persons were identified when in the occurrence more than 150 unknown accused had also participated.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that the allegations are general and omnibus in nature, further the petitioner is not named in the FIR and similarly situated co-accused Abhay Kumar Singh has been granted anticipatory bail vide order dated 02.08.2021 in Cr. Misc. No. 38114 of 2020.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the
Patna High Court CR. MISC. No.59619 of 2022(2) dt.21-11-2022 3/3 event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Maranchi P.S. Case No. 65 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishi/- U T