Partly allowed

Mahesh Kant Yadav v. The State of Bihar

Patna HC24 Oct 2019CR. MISC./64310/2019

Case brief

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What is this about?

The Patna High Court granted anticipatory bail to four petitioners apprehending arrest in a criminal case involving rioting, assault, and loot. The petitioners were released from custody or arrested within four weeks by furnishing a bond of ten thousand rupees each with two sureties.

What did the court decide?

Petitioners released on bail within four weeks on bond of Rs. 10,000 each with two sureties of like amount subject to conditions under Section 438(2) Cr.P.C.

Mahesh Kant Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.64310 of 2019

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Arising Out of PS. Case No.-230 Year-2019 Thana- BAHERA District- Darbhanga

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Mahesh Kant Yadav, Son of Late Parmeshwar Yadav Resident of VillageKopi Maharaji, P.S.-Biraul, District-Darbhanga.

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Ajit Kumar Yadav Son of Dinesh Yadav Resident of Village-Kopi Maharaji, P.S.-Biraul, District-Darbhanga.

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Ashok Yadav @ Ashok Son of Veer Yadav Resident of Village-Kopi Maharaji, P.S.-Biraul, District-Darbhanga.

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Ram Bilash Yadav Son of Baleshwar Yadav Resident of Village-Kopi Maharaji, P.S.-Biraul, District-Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

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For the Petitioner/s : Mr.Ajay Kumar For the Opposite Party/s : Mr.Mithlesh Kumar Khare

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====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA

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ORAL ORDER

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2 24-10-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

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The petitioners apprehend their arrest in connection with Barera P.S. Case no. 230 of 2019, registered under Sections 147, 149, 341, 323, 307, 385, 379, 324, 427 and 447 of the Indian Penal Code and Section 27 of the Arms Act.

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The accusation is that while the informant was watching the work, which was being done under Jal-Nal Yojana in ward No. 13 of Gram Panchayat Zariso, Harimohan Yadav came there and asked to stop the work and made ransom of Rs. Two lakhs saying that why they not cast their vote in favour of R.J.D. In the meantime, 32 persons named in the F.I.R. including the petitioners came there variously armed with

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Patna High Court CR. MISC. No.64310 of 2019(2) dt.24-10-2019 2/2

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weapon. At that time, Harimohan Yadav fired through pistol, which passed through nearby his head. At that time, all entered in the house and looted all ornaments worth of Rs. Five lakhs and also damaged his property.

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Learned counsel for the petitioners submits that while petitioners along with others are named in the F.I.R., but no specific overt act has been attributed against the petitioners. The specific allegation is against Harimohan Yadav, Dinesh Yadav and Tarun Mohan Yadav to cause injury to informant. The petitioners have no criminal antecedent.

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Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the A.C.J.M. Benipur, Darbhanga in connection with Bahera P.S. Case No. 230 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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(Rajendra Kumar Mishra, J)

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manish/-

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U T

Mahesh Kant Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Mahesh Kant Yadav v. The State of Bihar

Case brief

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What did the court decide?

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