Yogendra Yadav @ Mukhiya Jee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65238 of 2019 Arising Out of PS. Case No.-162 Year-2019 Thana- KHIJARSARAI District- Gaya ====================================================== 1.

YOGENDRA YADAV @ MUKHIYA JEE Son of Late Babulal Yadav 2.

Rajeshwar Yadav Son of Late Babulal Yadav 3.

Lallan Yadav Son of Ganga Vishun Yadav All are resident of Village- Padum Chak, Post- Maksudpur, Police StationKhizersarai, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Syed Asgher Najmi For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-11-2019 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Khizarsarai Police Station Case No. 162 of 2019, disclosing offences under Sections 147/148/149/341/323/324/ 325/308/354/379/448/504/506 of the Indian Penal Code. The allegation against the petitioners is that the petitioners, along with others, entered into the house of the informant with deadly weapons and assaulted the daughter-inlaw of the informant and molested her and also snatched golden chain etc.

Learned Counsel for the petitioners submits that the petitioners have unnecessarily been dragged in this case inasmuch as no overt act has been alleged against the

Patna High Court CR. MISC. No.65238 of 2019(2) dt.05-11-2019 2/2 petitioners. He further submits that two persons, by the name of Yogendra Yadav, have been made accused in this case, one is Yogendra Yadav, son of Lalan Yadav, against whom there is allegation of assault, but the petitioner is Yogendra Yadav, son of Late Babulal Yadav. He further submits that there is no specific allegation against other accused persons. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that no specific allegation is alleged against the petitioners, I am inclined to grant the petitioners privilege of anticipatory bail. This application is, accordingly, allowed.

Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya, in connection with Khizarsarai Police Station Case No. 162 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √