Ramesh Kumar Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6859 of 2018 Arising Out of PS.Case No. -366 Year- 2017 Thana -JAYNAGAR District- MADHUBANI ======================================================
1. Ramesh Kumar Yadav, Son of Dev Kishun Yadav,
2. Dinesh Yadav, Son of Ramautar Yadav @ Ram Autar Yadav,
3. Ranjan Kumar @ Rajan Kumar, Son of Arun Bida Yadav @ Arun Baida Yadav,
4. Mitim Yadav @ Nitiesh Yadav @ Nitesh Kumar, Son of Dilip Yadav @ Dileep Kumar Yadav,
5. Bidyanath Yadav @ Baidhnath Yadav @ Bidya Nath Yadav, Son of Stya Narayan Yadav,
6. Chandeshwar Yadav, Son of Late Bhagati Yadav,
7. Jibachh Yadav, Son of Late Ravi Yadav @ Late Rame Yadav, All are resident of Village- Rame Yadav, Kuadh, P.S.- Jay Nagar, DistrictMadhubani. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr.Adv. Mr. Jitendra Kumar Bharti, Adv.
Mrs. Nitu Kumari No.7, Adv.
For the Opposite Party/s : Mr. Panchahand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-02-2018 Heard learned senior counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in connection with Jaynagar P.S. Case No.366 of 2017 registered under Sections 147, 148, 149, 447, 341, 342, 323, 324 and 307 of the Indian Penal Code and Section 27 of the Arms Act.
At the outset, submission of the learned senior counsel for the petitioners is that even though the petitioners are
Patna High Court Cr.Misc. No.6859 of 2018 (2) dt.19-02-2018 said to be the members of the unlawful mob, but no specific overt act has been alleged against these petitioners. It is further submitted that from perusal of the counter case, as contained in Annexure-2, it would appear that both parties have fought each other in a group fight and as such the names of these petitioners have only been falsely implicated without attributing any assault caused by them to any person. It is further submitted that six named accused persons have also been granted privilege of anticipatory bail by a coordinate bench of this Court in Cr.Misc.No.7594/2018. In this regard, a copy of the status report of the case showing application 'allowed' has been produced. Learned counsel for the State is present.
Considering the fact that the coordinate Bench of this Court has granted privilege of anticipatory bail to the similarly situated accused as stated by learned senior counsel for the petitioners in Cr.Misc.No.7594/2018, in the event of their arrest/surrender before the court below within four weeks, let the above named petitioners be enlarged on bail on furnishing bail bonds of Rs. 15,000/- (fifteen thousand only) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Madhubani in connection with Jay Nagar P.S. Case No.366 of 2017, corresponding to C.R.I. Case No.2039 of 2017,
Patna High Court Cr.Misc. No.6859 of 2018 (2) dt.19-02-2018 subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Rajeev Ranjan Prasad, J) Arvind/- U T