Laxman Singh @ Laxman Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40206 of 2016 Arising Out of PS.Case No. -251 Year- 2015 Thana -DIHRINAGAR District- SASARAM (ROHTAS) ====================================================== Laxman Singh @ Laxman Yadav, S/o-Dwarika Singh, Resident of VillageRudrapura, P.S.- Dehri, District- Rohtas. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Uma Shankar Singh, Advocate For the Opposite Party : Mr. Sri Manish Kumar 2, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 06-10-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends arrest in Dehri (T) P.S.Case No.251 of 2015 for the offences alleged under Sections 147, 148, 149, 341, 323, 353, 337, 338, 307, 420 and 120(B) of the IPC and Section 27 of the Arms Act and Sections 4(1-a), 4(1) DE Act, and

(1) B.M. Act and 33, 41 and 42 of the Indian Forest Act. The prosecution case is that the police raided a place wherefrom illegal mining and crusher were found. The police seized the crusher and dumper against which the local villagers protested. Petitioner and 25 others are named in the FIR and there was a mob of about 500 people who protested and resorted to firing and stone pelting.

Patna High Court Cr.Misc. No.40206 of 2016 (2) dt.06-10-2016 2/3 It has been submitted by learned counsel for the petitioner that the petitioner has no criminal history as is evident from paragraph-3 of this application and other co-accused named in the FIR have since been granted the privilege of anticipatory bail in Cr.Misc.No.39325 of 2015 dated 05.10.2015 and Cr.Misc.No.53609 of 2015 dated 07.12.2015, the web copy of which have been kept on record.

However, learned APP for the State submits that the petitioner is named in the FIR, hence, opposes the prayer for bail. Be that as it may, since similarly situated co-accused have been granted the privilege of bail by a coordinate Bench of this Court, let the above named petitioner in the event of his arrest or surrender before the learned court below within a period of eight weeks be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Kavindra Kumar, Judicial Magistrate-I, Dehri (District-Rohtas) in connection with Dehri (T) P.S.Case No.251 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Nilu Agrawal, J) B.Kr./- U T

Patna High Court Cr.Misc. No.40206 of 2016 (2) dt.06-10-2016 3/3