Amarjit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77134 of 2019 Arising Out of PS. Case No.-271 Year-2019 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.

Amarjit Yadav Son of Rambabu Prasad Yadav 2.

Ranjit Yadav Son of Rambabu Prasad Yadav 3.

Rambabu Prasad Yadav Son of Ruplal Rai All resident of Village - Chandrahiya, P.S.- Muffasil Motihari, District- East Champaran ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Raju Kumar Singh, Executive Engineer, Electricity Supply Board, Motihari, East Champaran Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 16-03-2020 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. Petitioners are apprehending their arrest in Mufassil P.S. Case no. 271/2019 registered under sections 341, 323, 147, 149, 353, 504 and 506 of the IPC.

Submission of counsel for the petitioners is that alleged allegation of obstructing construction work is malafide and on extraneous consideration. Petitioners have no criminal antecedent and even as per allegation in the FIR, there is no assault attributed to the petitioners.

Learned counsel for respondent- Company and learned A.P.P. have opposed the prayer by submitting that the petitioners

Patna High Court CR. MISC. No.77134 of 2019(4) dt.16-03-2020 2/2 have obstructed in construction work being taken in public interest.

Considering the rival submissions, prayer for anticipatory bail is allowed.

In the event of arrest/ surrender within four weeks from the date of receipt of a copy of the order in the court below, petitioners shall be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, East Champaran in Mufassil P.S. Case no. 271/2019 subject to the condition under section 438(2) Cr.P.C and other conditions.

(1) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners.

(2) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

s.hassan/- (Madhuresh Prasad, J) U T