Santosh Yadav @ Santosh Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67269 of 2021 Arising Out of PS. Case No.-361 Year-2021 Thana- UDWANTNAGAR District- Bhojpur ====================================================== 1.
Santosh Yadav @ Santosh Kumar Yadav S/O Hanuman Yadav Resident Of Karisath, P.S.- Udwantnagar, District- Bhojpur, Ara 2.
Manoj Yadav S/O Hanuman Yadav Resident Of Karisath, P.S.- Udwantnagar, District- Bhojpur, Ara 3.
Hanuman Yadav S/O Late Lorik Yadav Resident Of Karisath, P.S.- Udwantnagar, District- Bhojpur, Ara 4.
Dharmendra Yadav @ Ladak Yadav @ Lakkar Yadav S/O Late Devrahit Yadav Resident Of Karisath, P.S.- Udwantnagar, District- Bhojpur, Ara 5.
Surendra Yadav S/O Late Devrahit Yadav Resident Of Karisath, P.S.- Udwantnagar, District- Bhojpur, Ara ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raghwendra Pratap Singh- Advocate For the Opposite Party/s :
Mr. Uma Shankar Prasad Singh- A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-07-2022 The learned counsel for the petitioners seeks permission to withdraw the present anticipatory bail application against the petitioner nos.1 and 3 as they have been arrested during the pendency of the anticipatory bail application. Permission is accorded.
Accordingly, instant petition is dismissed as withdrawn as having become infructuous.
Heard learned counsel for the petitioners and learned APP for the State.
Patna High Court CR. MISC. No.67269 of 2021(2) dt.21-07-2022 2/3 The petitioner nos.2, 4 and 5 seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 147, 149, 323, 354, 337, 224, 225, 186, 188 of the Indian Penal Code.
The learned counsel for the petitioners submits that the petitioner nos.2 and 5 are persons with clean antecedent and petitioner no.4 has antecedent of one case and the informant alleges that while they were returning from Gajrajganj after arresting Gahan Yadav @ Raj Kumar Yadav, who was an accused in a case relating to Excise Act, when they were reached near the house of Hanuman Yadav, it is alleged that 14 named accused persons including the petitioners and 10-15 unknown accused variously armed stared pelting stones on the police force and got Gahan Yadv released from police custody. The learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case. It is next submitted that petitioners have been falsely implicated at the behest of the local Chaukidar. It is further alleged that no specific overt act has been alleged against the petitioners rather the allegations are general and omnibus in nature. Learned A.P.P. opposes the bail application.
Considering the submissions made by the learned
Patna High Court CR. MISC. No.67269 of 2021(2) dt.21-07-2022 3/3 counsel for the petitioners, the petitioner nos.2, 4 and 5, abovenamed, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Udwantnagar P. S. Case No.361 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T