Kamlesh Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27597 of 2017 Arising Out of PS.Case No. -63 Year- 2017 Thana -ITADHI District- BUXAR ======================================================

1. Kamlesh Yadav, Son of Late Kalika Yadav,

2. Bhuanwar Chaudhary @ Bhuwar Choudhary, Son of Triyogi Chaudhary, Both Resident of Village- Unwas, Police Station- Itarhi, District- Buxar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Opposite Party/s : Mr. Nityanand Tiwary, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 13-07-2017 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioners are apprehending their arrest in connection with Itarhi P.S. Case No.63 of 2017 for allegedly having committed the offence under Sections 147, 148, 149, 341, 323, 504, 506, 342, 332, 353, 336, 290, 186, 187, 189 and 427 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioners submits that the allegation under the Arms Act is against one Chandan Singh whereas these petitioners are alleged to have been part of an illegal congregation, which had arrived at Chilhar More to protest against the accident committed by one fire brigade. It is

Patna High Court Cr.Misc. No.27597 of 2017 (3) dt.13-07-2017 2/2 submitted that a crowd of 40-50 persons had assembled but there is no specific allegation against these petitioners save and except that they are part of the crowd.

Considering the fact that said co-accused Chandan Singh @ Chandan Kumar Singh has already been extended the privilege of anticipatory bail in Cr.Misc. No.24069 of 2017, let both the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of `10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar, in connection with Itarhi P.S. Case No.63 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T