Satish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53599 of 2018 Arising Out of PS. Case No.-429 Year-2015 Thana- BARAUNI District- Begusarai ====================================================== Satish Yadav, Son of Yogendra Yadav, Resident of Village- Bariyahi, Police Station- Barauni, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hare Krishna Prasad For the Opposite Party/s :

Mr. Sri Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-12-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Barauni P.S. Case No. 429 of 2015 registered under Sections 144, 149, 152, 153, 290 and 353 of the Indian Penal Code.

The accusation is that during protest of murder of Prabhat Kumar @ Bablu Yadav, 23 persons named in the F.I.R. along with 200 unknown blocked the road. When the police party reached there to clear the road then mob started to assault the police personnel and after arrival of senior police official and public representative, blockage of road was cleared. Learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.53599 of 2018(3) dt.11-12-2018 2/2 while the petitioner is named in the F.I.R. along with 22 others but no specific overt act has been attributed against him. It is further submitted that similarly situated co-accused, Divakar Yadav @ Divakar Kumar @ Diwakar Kumar, has already been granted privilege of pre-arresdt bail by this Court vide order dated 05.02.2018 passed in Criminal Misc. No. 63342 of 2017. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Barauni, in connection with Barauni P.S. Case No. 429 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T