Bambam Yadav @ Abhinav Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54933 of 2018 Arising Out of PS. Case No.-167 Year-2018 Thana- KHARHAGPUR District- Munger ====================================================== Bambam Yadav @ Abhinav Yadav, S/o Sharwan Kumar Yadav, R/o Vill.- Lliyadih (Lohchi), P.S.- Haveli Kharagpur, Distt.- Munger. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Kumar Kamal Nayan, Advocate For the Opposite Party :

Smt. Gulnar Begam, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-11-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 147, 148, 149, 341, 342, 323, 325, 307, 326, 353, 332, 427 of the IPC, 27 of the Arms Act, 2, 3 and 4 of Prevention of Damage of Public Property Act. The prosecution story, in brief, is that on 29.05.2018, 200-300 people had blockade the road and on seeing the police party they became angry, tried to assault the police party and broken the glass of several Government vehicles. The informant, who is police personnel tried to pacify the matter but the people of the mob started throwing stones on the police party. When the S.D.O. Kharagpur came at the place of occurrence, accused persons tried to snatch rifle of the police

Patna High Court Cr.Misc. No.54933 of 2018(3) dt.20-11-2018 2/3 party and Bambam Yadav (petitioner) and co-accused Rahul Kumar and his associates assaulted the police official by means of Iron rod in which Hawaldar Pappu Kumar sustained injury on his head and another police personnel were also injured. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is said to be one of the protesters who were protesting against the police as a person had died due to road accident. Altogether 39 persons alongwith 200-300 unknown persons are said to have participated in the alleged protest. Nature of injury is said to be simple. General and omnibus allegation has been made.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of 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/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., -IV,

Patna High Court Cr.Misc. No.54933 of 2018(3) dt.20-11-2018 3/3 Munger in connection with Kharagpur P.S. Case No. 167 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T