Rupesh Kumar Yadav @ Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84799 of 2019 Arising Out of PS. Case No.-121 Year-2019 Thana- LADANIA District- Madhubani ====================================================== Rupesh Kumar Yadav @ Rupesh Kumar Son of Badri Narayan Yadav @ Badri Yadav, Resident of Village - Belahi, P.S.- Ladaniya, DistrictMadhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratanakar Jha For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends his arrest in connection with Ladaniya P.S. Case No. 121 of 2019, corresponding to G.R. No. CRR 1266 of 2019 for the offence punishable under Section 147, 148, 149, 341, 323, 307, 353, 504 and 506 of the Indian Penal Code.

The accusation is that on the alleged date and time of occurrence, the villagers had put a road block on account of death of a person and the dead body of the said person was kept on the road, however, they had been persuaded by the police personnel that appropriate case would lodged, hence the road block should be cleared. It is alleged that the members of the

Patna High Court CR. MISC. No.84799 of 2019(3) dt.22-01-2020 2/3 mob had raised slogan against the District Administration and eight persons including the petitioner herein were identified. The learned counsel for the petitioner has submitted that the petitioner is having a clean antecedent. It is further submitted that there is no allegation of any sort of overt act as far as the petitioner is concerned. He is only said to be a member of the mob. Lastly, it is submitted that similarly situated other accused person has already been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 13.12.2019 passed in Cr. Misc. No. 82796 of 2019. Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the petitioner as also taking into account the parity of the case of the petitioner with that of the co-accused person has has already been granted anticipatory bail, I deem fit and proper to admit the petitioner to the privilege of anticipatory bail.

Accordingly, in the event of arrest or surrender in the court below within a period of four weeks from today, the petitioners above named are directed to be released on anticipatory bail on furnishing bail- bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.84799 of 2019(3) dt.22-01-2020 3/3 learned A.C.J.M.-IV, Madhubani, in connection with Ladaniya P.S. Case No. 121 of 2019 corresponding to G.R. No. CRR 1266 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) Tiwary/- U T