Kapileshwar Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7487 of 2018 Arising Out of PS. Case No. -801 Year- 2017 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Kapileshwar Yadav, Son of Bindra Raj Yadav, Resident of VillageKanjari, P.S.- Beldour, District- Khagaria.

2. Jay Kishan Kumar, Son of Late Tarni Das, Resident of Village- Nirpur, P.S.- Choutham, District- Khagaria.

3. Sikendra @ Sikandar, Son of Late Bhubneshwar Mahto, Resident of Moh- North Hajipur, Ward No.13, P.S. & District- Khagaria.

4. Lalan Kumar Sharma, Son of Jai Prakash Sharma, Resident of VillagePakrial, P.S.- Maheshkhunt, District- Khagaria.

5. Dularchand Kumar, Son of Bahadur Mandal, Resident of Babu Bagicha Banni, P.S.- Mahesh Khunt, District- Khagaria.

6. Ashweta Kumari @ Smita Kumari @ Ashweta Kumar, Wife of Devendra Thakur, Resident of Village- Durgapur, Rahimpur Middle, P.S.- Muffassil, District- Khagaria.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar Sinha, Advocate For the Opposite Party/s : Mr. Umeshnand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-02-2018 Heard learned counsel for the petitioners and State. The petitioners apprehend their arrest in connection with Khagaria (Chitragupta Nagar) P.S. case no. 801 of 2017 for the offence under Sections 143, 186 and 353 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioners submits that the allegation against the petitioners in the F.I.R. is for causing disturbance in discharging the official duty of public servant. He submits that the petitioners were Ward

Patna High Court Cr.Misc. No.7487 of 2018 (2) dt.17-02-2018 2/2 Members and for grievance of the public, the petitioners and other were on Dharna. He submits that for the same allegation two persons named in the F.I.R. have been granted anticipatory bail vide order dated 01.02.2018 passed by a Co-ordinate Bench of this Court in Cr. Misc. No. 4209 of 2018.

In view of the fact that similarly circumstanced have been granted bail vide order dated 01.02.2018 passed in Cr. Misc. No. 4209 of 2018 on the ground of parity, the petitioners, named above, in the event of arrest or surrender before the court below within one month from today, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in connection with Khagraia (Chitragupta Nagar) P.S. case no. 801 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Upadhyay, J) Uday/- U T