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Patna High Court - Orders

Ravindra Yadav @ Ravindra Prasad vs The State Of Bihar on 24 March, 2022

Author: Sudhir Singh

Bench: Sudhir Singh

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                 CRIMINAL MISCELLANEOUS No.7836 of 2022
            Arising Out of PS. Case No.-117 Year-2021 Thana- SARE District- Nalanda
     ======================================================
1.    Ravindra Yadav @ Ravindra Prasad, aged about 51 years (M), S/o
      Brahamdev Yadav, R/o village- Murgiachack, P.S.- Sare, District- Nalanda.
2.   Pappu Yadav @ Sumit Kumar, aged about 28 years (M), S/o Giraja Yadav,
     R/o village- Murgiachack, P.S.- Sare, District- Nalanda.
3.   Bipin Yadav @ Bipin Kumar, aged about 24 years (M), S/o Sakindra Yadav,
     R/o village- Murgiachack, P.S.- Sare, District- Nalanda.
4.   Sona Ram @ Sonu Ram, aged about 50 years (M), S/o Harihar Ram, R/o
     village- Murgiachack, P.S.- Sare, District- Nalanda.
5.   Arun Yadav, aged about 39 years (M), S/o Late Chhotan Yadav, R/o village-
     Murgiachack, P.S.- Sare, District- Nalanda.
6.   Ramdev Yadav, aged about 58 years (M), S/o Munsi Yadav, R/o village-
     Murgiachack, P.S.- Sare, District- Nalanda.
7.   Ramphal Yadav @ Rampal Yadav @ Famful Yadav, aged about 35 years
     (M), S/o Bhonu Yadav, R/o village- Murgiachack, P.S.- Sare, District-
     Nalanda.
8.   Sanjeev Kumar, aged about 29 years (M), S/o Sona Ram, R/o village-
     Murgiachack, P.S.- Sare, District- Nalanda.
9.   Sakaldeo Yadav, aged about 56 years (M), S/o Baldev Yadav, R/o village-
     Murgiachack, P.S.- Sare, District- Nalanda.
10. Gagan Kumar @ Gagan Yadav @ Gyan Yadav, aged about 31 years (M), S/o
    Ramdeo Yadav, R/o village- Murgiachack, P.S.- Sare, District- Nalanda.
11. Mahendra Yadav @ Mahendra Gope, aged about 55 years (M), S/o Chetan
    Yadav, R/o village- Murgiachack, P.S.- Sare, District- Nalanda.
12. Yogendra Yadav @ Jogendra Yadav @ Godendar Yadav, aged about 69 years
    (M), S/o Chetan Yadav, but wrongly written Chhotan Yadav in F.I.R., R/o
    village- Murgiachack, P.S.- Sare, District- Nalanda.
13. Brij Nandan Yadav, aged about 59 years (M), S/o Lal Das Yadav, R/o
    village- Murgiachack, P.S.- Sare, District- Nalanda.
14. Maheshan Yadav @ Mahesh Yadav, aged about 33 years (M), S/o Dhanik
    Yadav, R/o village- Murgiachack, P.S.- Sare, District- Nalanda.

                                                                        ... ... Petitioners
                                           Versus
     The State of Bihar


                                                                   ... ... Opposite Party
          Patna High Court CR. MISC. No.7836 of 2022(2) dt.24-03-2022
                                                     2/4




                 ======================================================
                 Appearance :
                 For the Petitioners    :         Mr. Mritunjay Kumar Nirala, Advocate
                 For the Opposite Party :         Mr. Akshay Lal Pandit, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                                       ORAL ORDER

2   24-03-2022

Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in connection with Sare P.S. Case No. 117 of 2021 for the offence registered under Sections 147, 148, 149, 188, 341, 323, 332, 333, 337, 338, 353, 356, 357, 307 of the I.P.C., Section 27 of the Arms Act and Section 51 of Disaster Management Act, 2005.

The prosecution story, in brief, is that during the course of convincing the people, gathered for watching dance programme, to follow guidelines regarding Covid-19 and maintain social distancing and to stop dance programme, mob violently attacked the police party causing injury to them and also committing firing to kill them.

It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged Patna High Court CR. MISC. No.7836 of 2022(2) dt.24-03-2022 3/4 against the petitioners. The petitioners have falsely been implicated in the present case. A dance programme was organized during the lock down. The same was stopped by the police which was protested by the petitioners. Altogether 22 named persons alongwith 150-200 unknown persons have been made accused in the present case. General and omnibus allegation has been made against the petitioner nos. 2 and 4 to

14. No specific overt act is alleged against the petitioner nos. 2 and 4 to 14. Specific allegation of assault is against Ravindra Yadav @ Ravindra Prasad (petitioner no. 1) and Bipin Yadav @ Bipin Kumar (petitioner no. 3) and co-accused Jwala Chaudhary. Nature of injury is said to be simple. No offence under Section 307 of the I.P.C. is attracted in the present case.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-Ist, Patna High Court CR. MISC. No.7836 of 2022(2) dt.24-03-2022 4/4 Nalanda, in connection with Sare P.S. Case No. 117 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./-

U      T