Mahendra Yadav @ Mahadeo Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29794 of 2017 Arising Out of PS.Case No. -16 Year- 2016 Thana -NARARI KALA KHURD DistrictAURANGABAD ====================================================== Mahendra Yadav @ Mahadeo Yadav, S/o Late Surajdeo Yadav @ Suraj Yadav @ Sarju Yadav R/o Village - Sasana, P.S. - Badam, Dist. - Aurangabad (Bihar).
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjit Kumar, Advocate For the Opposite Party/s : Smt. Meena Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-07-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Narari Kala Khurd P.S. Case No. 16 of 2016 instituted for the offence under Sections 147, 148, 149, 228, 323, 324, 326, 337, 338, 307, 395, 427, 504, 506, 120B of the Indian Penal Code, Sections 25(1-b)A, 26 and 35 of the Arms Act.
It is alleged in the written report that there was clash between labour and management in MPGC/NTPC and one B.K. Singh was apprehended by the police. Thereafter, the local people became furious and started pelting stones on the police party. A large number of police personnel reached the place of occurrence and controlled the situation. Out of 200-250 mobs, total 32 persons including the petitioner have been identified in the CC TV footage. It has been submitted on behalf of the petitioner that there is no specific overt act alleged against the petitioner. Similarly situated
Patna High Court Cr.Misc. No.29794 of 2017 (2) dt.07-07-2017 2/2 co-accused persons have already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 6.3.2017 passed in Cr. Misc. 2556 of 2017.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Narari Kala Khurd P.S. Case No. 16 of 2016, he shall 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 Chief Judicial Magistrate, Aurangabad, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.