Vikky Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70085 of 2021 Arising Out of PS. Case No.-315 Year-2021 Thana- NOORSARAI District- Nalanda ====================================================== VIKKY YADAV S/o Balea Gope R/o Mohalla- Katha Tola, P.S.- Sohsari, District- Nalanda ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Surendra Kumar For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 28-07-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends his arrest in connection with Noorsarai P.S. Case No. 315 of 2021, registered for the offences punishable under Sections 147, 148, 149, 188, 341, 323, 332, 333, 337, 338, 353, 356, 357, 307, 427 of the Indian Penal Code and Section 27 of the Arms Act under Section 3 of Prevention of Damage to Public Property Act 1984 and under Section 51 of the Disaster Management Act.

As per allegation, the police party reached near

Patna High Court CR. MISC. No.70085 of 2021(2) dt.28-07-2022 2/3 Community Centre where a cultural programme of dance was going on. The spectators were not following the guidelines of Covid-19 and they were not wearing masks. When the police party objected, the named accused persons pelted stones on the police party and a notorious criminal Awadh Bihari Yadav @ Banda was also amongst the spectators who pelted stones and made the informant injured. Someone also fired from the mob but it did not hit the informant.

Learned counsel for the petitioner has submitted that the petitioner is a person of clean antecedent. He was not present at the spot. There is no specific allegation against him of pelting stones either opening fire. The specific allegation is against Awadh Bihari Yadav @ Banda.

Considering the above-mentioned facts and circumstances, especially, the clean antecedent of the petitioner and also considering that the allegation against the petitioner is general and omnibus, let him, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. VII, Nalanda in connection with Noorsarai P.S. Case No. 315 of 2021, subject to

Patna High Court CR. MISC. No.70085 of 2021(2) dt.28-07-2022 3/3 the conditions as laid down under Section 438(2) Cr.P.C. Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) SONALI/- U T