Patna High CourtCR. MISC./20131/2017allowed

Mahendra Yadav And ANR v. The State Of Bihar

2017-06-01Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20131 of 2017 Arising Out of PS.Case No. -1 Year- 2017 Thana -PAKARIBARAW District- NAWADA ======================================================

1. Mahendra Yadav, Son of Rameshwar Yadav,

2. Nawlesh Yadav, Son of Mahendra Yadav, Both are resident of VillageChhoti Gulani, Police Station- Pakribarawan in the district of Nawada. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sushant Kumar For the Opposite Party/s : Mr. Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-06-2017 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in connection with Pakribarawan P.S.Case No. 1 of 2017 for the offences under Sections 147, 149, 341, 323, 324, 307, 504 of the Indian Penal Code.

Counsel for the petitioners has confined his prayer for grant of anticipatory bail to petitioner no.1 (Mahendra Yadav) and prays for withdrawal of application on behalf of petitioner no.2 (Nawlesh Yadav) so that petitioner no.2 may seek regular bail by way of filing an application before the competent court Prayer for withdrawal of case on behalf of petitioner no.2 is

Patna High Court Cr.Misc. No.20131 of 2017 (2) dt.01-06-2017 2/2 allowed and the application on behalf of petitioner no.2 is dismissed as withdrawn.

So far petitioner no.1 is concerned, it appears that there is no overt act alleged against him. He is only a member of unlawful assembly.

Having regard to the facts and circumstances of the case, let the above named petitioner no.1, in the event of his arrest/surrender in the court below within four weeks from the date of receipt of a copy of this order, 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 learned Sri Kumar Avinash, learned Judicial Magistrate, 1st Class, Nawada in connection with Pakribarawan P.S.Case No. 1 of 2017, subject to the conditions as laid down u/s 438(2) Cr.P.C. (Anil Kumar Upadhyay, J) singh/- U T