Shailendra Yadav @ Shailandra Yadav @ Satendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77680 of 2019 Arising Out of PS. Case No.-90 Year-2019 Thana- TANKUPPA District- Gaya ====================================================== SHAILENDRA YADAV @ SHAILANDRA YADAV @ SATENDRA YADAV S/o Kamta Yadav @ Kamat Yadav R/o village- Laxmipur, P.S.- Tankuppa, Distt.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Sharma For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-11-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Tankuppa P.S.Case No. 90 of 2019 (GR No. 4545 of 2019) registered for the offence punishable under Sections 147, 148, 149, 341, 323, 325, 326, 324, 307, 504, 506, 34 and 120(B) of the Indian Penal Code.

The allegation is regarding a mob consisting of various persons including the petitioner herein having attacked the informant and others on the suspicion of them being child lifters.

The learned counsel for the petitioner submits that no specific allegation of any sort of overt act has been levelled as against the petitioner herein and no material is available on the

Patna High Court CR. MISC. No.77680 of 2019(2) dt.28-11-2019 2/2 record to connect the petitioner with the alleged crime. It is submitted that 19 people have been made accused in the present case, the petitioner being one of them, hence, the implication of the petitioner is merely on the basis of suspicion. The petitioner is stated to be having a clean antecedent. It is also submitted that similarly situated co-accused person has already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 18.11.2019 passed in Criminal Miscellaneous No. 72686 of 2019.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Gaya in connection with Tankuppa P.S.Case No. 90 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) ajay gupta/- U T