Arun Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71348 of 2019 Arising Out of PS. Case No.-171 Year-2019 Thana- GOGRI District- Khagaria ====================================================== 1.
Arun Yadav son of Maniklal Yadav Resident of Village- Fudkishak, Patraun, P.S.- Gogri, District- Khagaria.
2.
Jaikishor Yadav Son of Maniklal Yadav Resident of Village- Fudkishak, Patraun, P.S.- Gogri, District- Khagaria.
3.
Birendra Yadav Son of Maniklal Yadav Resident of Village- Fudkishak, Patraun, P.S.- Gogri, District- Khagaria.
4.
Kargil Yadav S/O Chatri Yadav Resident of Village- Fudkishak, Patraun, P.S.- Gogri, District- Khagaria.
5.
Chhanguri Yadav S/O Suresh Yadav Resident of Village- Fudkishak, Patraun, P.S.- Gogri, District- Khagaria.
6.
Rohit Yadav S/O Arun Yadav Resident of Village- Fudkishak, Patraun, P.S.- Gogri, District- Khagaria.
7.
Mala Devi W/O Arun Yadav Resident of Village- Fudkishak, Patraun, P.S.- Gogri, District- Khagaria.
8.
Sushila Devi W/O JayKishor Yadav Resident of Village- Fudkishak, Patraun, P.S.- Gogri, District- Khagaria.
9.
Dukhani Devi W/O Biran Yadav Resident of Village- Fudkishak, Patraun, P.S.- Gogri, District- Khagaria.
10.
Indal Yadav S/O Bilash Yadav Resident of Village- Fudkishak, Patraun, P.S.- Gogri, District- Khagaria.
11.
Kalo Yadav S/O B.K. Yadav Resident of Village- Fudkishak, Patraun, P.S.- Gogri, District- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shekhar Kumar Singh For the Opposite Party/s :
Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-11-2019 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.
This is an application for grant of anticipatory bail in connection with Gogri PS case no. 171 of 2019 registered for
Patna High Court CR. MISC. No.71348 of 2019(2) dt.20-11-2019 2/3 the offences punishable under Sections 307, 353 and other sections of Indian Penal Code.
The allegation is regarding 26 accused persons including the petitioners herein having been named in the FIR and it appears that an altercation had taken place in between the accused persons and the prosecution party resulting in firing and assault upon each other apart from brick-batting being resorted to by the parties.
The learned counsel for the petitioners submits that it is evident from the FIR that the petitioners were objecting to use of a government land by one Arun Yadav for private purposes. It is further submitted that the petitioners are having clean antecedents and a co-ordinate Bench of this Court, vide order dated 04.09.2019 passed in Cr. Misc. no. 55783 of 2019 has already granted the privilege of anticipatory bail to eleven of the co-accused persons.
Having regard to the facts and circumstance of the case and considering the parity of the case of the petitioners with those of the co-accused persons who have already been granted anticipatory bail, I deem it fit and appropriate to admit the petitioners to the privilege of anticipatory bail. Accordingly, the abovenamed petitioners, in the event of their arrest or surrender
Patna High Court CR. MISC. No.71348 of 2019(2) dt.20-11-2019 3/3 before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Gogri PS case no. 171 of 2019 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.
(Mohit Kumar Shah, J) rinkee/- U T