Rahish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53769 of 2019 Arising Out of PS. Case No.-32 Year-2019 Thana- ALIPUR District- Gaya ====================================================== 1.

RAHISH YADAV Son of Vyas Yadav @ Beyas Yadav Resident of Village - Malda, P.S.- Alipur, District- Gaya 2.

Pintu Yadav Son of Chandradeo Yadav Resident of Village - Malda, P.S.- Alipur, District- Gaya 3.

Sachita Yadav Son of Karu Yadav Resident of Village - Malda, P.S.- Alipur, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Sharma For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-08-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Alipur P.S. Case No.32 of 2019 registered under Sections 147, 148, 149, 323, 307, 338, 353, 504 and 506 of the Indian Penal Code. The accusation is that in course of patrolling duty, when on receiving the information about the dispute between the two groups with regard to cut of the road in village-Malda-Salempur, the informant along with other police personnel reached there, then saw that the 18 persons, named in the F.I.R, including the petitioners, who were identified by the local Chowkidar, were indulged in cutting the road. While they were convinced by the police party but they were

Patna High Court CR. MISC. No.53769 of 2019(2) dt.27-08-2019 2/2 adamant. In the meantime, 30-40 unknown persons came and started pelting bricks and stones at the police party and abusing them. At that time, one Rajkumar Mistri was arrested. In the occurrence, some police personnel sustained injury.

Learned counsel for the petitioners submits that while the petitioners are named in the F.I.R. but no specific overt act is attributed to them. The petitioners have no criminal antecedents. Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-II, Gaya, in connection with Alipur P.S. Case No.32 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T