Patna High Court - OrdersBabu Yadav & Ors vs The State Of Bihar on 23 December, 2016Author:Rajendra Kumar MishraBench:Rajendra Kumar MishraIN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.53396 of 2016
                  Arising Out of PS.Case No. -595 Year- 2015 Thana -SASARAM MUFFSIL District- SASARAM
                                                          (ROHTAS)
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                 1. Babu Yadav, S/o Late Lakhan Yadav, R/o Village- Amratalab, P.S.-
                    Sasaram (M), District- Rohtas.
                 2. Bablu Dubey, Son of Late Lal Dubey, R/o Village- Badhaiya Bag, P.S.-
                    Sasaram (M), District- Rohtas.
                 3. Pappu Keshari, Son of Jagarnath Keshari.
                 4. Wakil Yadav, Son of Tekhar Yadav.
                 5. Shyam Sundar, Son of Devnath Sah.
                 6. Sunny Kumar, Son of Uday Keshari.
                    Sl. Nos. 3 to 6 R/o Village- Amratalab, P.S.- Sasaram (M), District-
                    Rohtas.

                                                                              .... ....   Petitioner/s
                                                       Versus
                 The State of Bihar

                                                          .... .... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     : Mr.
                 For the Opposite Party/s : Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR
                 MISHRA
                 ORAL ORDER
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3   23-12-2016Heard learned counsel for the petitioners and the learned

                 A.P.P. for the State.The petitioners apprehend their arrest in connection with

                 Sasaram (M) P.S. Case No.595 of 2015 registered underSections

                 147,148,149,323,324,326,337,338,353,307,427,379and120(B)of the Indian Penal Code besidesSection 27of the Arms

                 Act, Sections 4/40 of Bihar Mining Act andSections 33,41and42of the Indian Forest Act.Patna High Court Cr.Misc. No.53396 of 2016 (3) dt.23-12-20162/3The accusation is that a truck loaded with stone chips was

             intercepted by the police and when the same was being taken to

             the police station, mob attacked upon the police officials by

             pelting stones and also resorted to firing. The informant being the

             police official also fired through his service revolver to disperse

             the mob in which the informant and other police personnel

             sustained injuries.Learned counsel appearing on behalf of the petitioners

             submits that it would appear from the F.I.R. that 52 persons

             including the petitioners are named in the F.I.R. alongwith 30-35

             unknown but there is general and omnibus allegation against the

             petitioners and others. Further submission is that the petitioners

             have no criminal antecedents and the similarly situated co-accused

             Ramesh Choudhary has already been granted anticipatory bail by a

             Bench of this Court vide order dated 21.09.2015 passed in

             Criminal Misc.No.37865 of 2015.Having considered the facts and the circumstances of the

             case, let the petitioners, above named, in the event of their arrest

             or surrender by them within six weeks from today, be enlarged on

             bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten

             Thousand) each with two sureties of the like amount each to the

             satisfaction of the Chief Judicial Magistrate, Rohtas at Sasaram, inPatna High Court Cr.Misc. No.53396 of 2016 (3) dt.23-12-20163/3connection with Sasaram(M) P.S. Case No.595 of 2015, subject to

                 the conditions laid down under Section 438(2) Cr.P.C.(Rajendra Kumar Mishra, J)
    P.S./-U      T