Arun Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71772 of 2019 Arising Out of PS. Case No.-75 Year-2019 Thana- IMAMGANJ District- Gaya ====================================================== 1.

Arun Yadav, Son of Baldeo Yadav Resident of Village- Chhakar Banda, Bhandar, P.S.- Imamganj, District- Gaya.

2.

Rajendra Yadav Son of Hari Yadav Resident of Village- Chhakar Banda, Bhandar, P.S.- Imamganj, District- Gaya.

3.

Kesar Yadav @ Kesav Yadav Son of Mahavir Yadav Resident of VillageChhakar Banda, Bhandar, P.S.- Imamganj, District- Gaya. 4.

Yogendra Bharti Son of Munsi Bharti Resident of Village- Chhakar Banda, Bhandar, P.S.- Imamganj, District- Gaya.

5.

Yugesh Bharti @ Yugesh Kumar Son of Yogendra Bharti Resident of Village- Chhakar Banda, Bhandar, P.S.- Imamganj, District- Gaya. 6.

Hari Yadav Son of Late Sukan Yadav Resident of Village- Chhakar Banda, Bhandar, P.S.- Imamganj, District- Gaya.

7.

Dhiru Yadav @ Bindesh Kumar @ Turu Yadav Son of Gulabchand Yadav Resident of Village- Chhakar Banda, Bhandar, P.S.- Imamganj, DistrictGaya. 8.

Bhutani Yadav @ Sandip Yadav Son of Rajdeo Yadav Resident of VillageChhakar Banda, Bhandar, P.S.- Imamganj, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Javed Jafar Khan For the Opposite Party/s :

Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-11-2019 Heard learned counsels for the petitioners and the State.

Learned counsel for the petitioners submits that petitioner no. 3, Kesar Yadav @ Kesav Yadav and petitioner no.4, Yogendra Bharti have already been arrested, hence he seeks permission to withdraw the present application with

Patna High Court CR. MISC. No.71772 of 2019(2) dt.27-11-2019 2/3 regard to petitioner nos. 3 and 4.

permission is accorded.

Accordingly, present application with regard to petitioner nos. 3 and 4 is dismissed as withdrawn. Rest of the petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 333, 337, 353, 427, 504 and 506 of the IPC. The prosecution case is that on 13.05.2019 at about 7.00 P.M., the informant, being the A.S.I., Imamganj Police Station went to enquire about some illegal construction being made by co-accused, Lattu Yadav when all the accused persons including the petitioners pelted stones and bricks on the police personnel. It is submitted by learned counsel for the petitioners that general and omnibus allegation have been made against the mob. A statement has been made in paragraph no.3 of the petition that except petitioner nos. 2 and 3, who are accused in one other case and have already been arrested, all the petitioners are not having any criminal antecedent.

Learned APP submits that the petitioners are named in the FIR with specific accusation.

Considering the nature of accusation against the petitioners being omnibus and general, coupled with the

Patna High Court CR. MISC. No.71772 of 2019(2) dt.27-11-2019 3/3 statement made in paragraph no.3 of the petition that the petitioners except petitioner nos. 2 and 3, are not having any criminal antecedent, let the above named petitioners except petitioner nos. 2 and 3, be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Sherghati, District Gaya in connection with Imamganj P.S. Case No. 75 of 2019, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T