Sandeep Kumar Yadav @ Sandeep Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62774 of 2022 Arising Out of PS. Case No.-42 Year-2022 Thana- BALTHAR District- West Champaran ====================================================== 1.

Sandeep Kumar Yadav @ Sandeep Yadav Son of Baliram Yadav, R/O Village- Balthar, Arya Nagar, P.S.- Balthar, District- West Champaran 2.

Sanjay Kumar Yadav @ Sanjay Yadav Son of Jagat Yadav, R/O VillageBalthar, Arya Nagar, P.S.- Balthar, District- West Champaran 3.

Baliram Yadav @ Balram Yadav Son of Late Dwarka Prasad, R/O VillageBalthar, Arya Nagar, P.S.- Balthar, District- West Champaran 4.

Jagat Yadav Son of Kailash Yadav, R/O Village- Balthar, Arya Nagar, P.S.- Balthar, District- West Champaran 5.

Rajharan Yadav Son of Bishwanath Yadav R/O Village- Balthar, Arya Nagar, P.S.- Balthar, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anant Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-12-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 324, 325, 326, 332, 333, 307, 337, 338, 379, 380, 427, 353, 447, 448, 452, 302, 395, 186, 188, 201, 504, 506, 120(B) of the Indian Penal Code and Section 27 of Arms Act and later on Section 436 of the I.P.C. was added. According to prosecution case, all the F.I.R. named accused persons including the petitioners and 100 unknown persons entered into the premises of police station and set the government vehicles on fire. They attacked the police vehicles

Patna High Court CR. MISC. No.62774 of 2022(2) dt.22-12-2022 2/2 and were raising slogans to kill he police officials. It is further alleged that they attacked the member of police party due to which some got seriously injured and one Havaldar was shot dead at the spot.

It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case and they have one criminal antecedent as mentioned in para-3 of this application. He further submits that similarly situated co-accused, persons have been enlarged on anticipatory bail by this Court vide order dated 29.11.2022 passed in Cr. Misc. No. 42801 of 2022.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Balthar P.S. Case No. 42 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) mdrashid/- U T