High Court Patna High Court - Orders

Uma Shankar Yadav & Ors. vs The State Of Bihar on 24 October, 2011

Patna High Court – Orders
Uma Shankar Yadav & Ors. vs The State Of Bihar on 24 October, 2011
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                           Criminal Miscellaneous No.29700 of 2011
            ======================================================
            1. Om Prakash Singh, son of Chokat Singh
            2. Naveen Ojha @ Navin Ojha, son of Kedar Nath Ojha
               Both resident of villag Navgawan, Police Station Bishunpur, District
               Kushinagar (U.P.)
                                                             .... .... Petitioner/s
                                             Versus
            The State Of Bihar
                                                         .... .... Opposite Party/s
            ======================================================
                                               with
                           Criminal Miscellaneous No.23920 of 2011
            ======================================================
            1. Uma Shankar Yadav, son of Late Komal Yadav
            2. Nand Kishore Yadav, son of Late Komal Yadav
               Both are resident of village Khaira Tola, Navgawan, Police Station
               Bishunpura, District Kushinagar (U.P.)
            3. Fulena Yadav, son of Late Kamal Yadav @ Komal Yadav
            4. Naresh Yadav, son of Fulena Yadav
            5. Motilal yadav, son of Late Bunilal Yadav
               All are resident of village Navgawan, Police Station Bishunpura,
               District Kushinagar (U.P.)
                                                             .... .... Petitioner/s
                                             Versus
            The State Of Bihar
                                                         .... .... Opposite Party/s
            ======================================================
            CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN

            ORAL ORDER

(Per: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN)

3 24/10/2011 Heard Counsel for the petitioners and the

A.P.P. appearing on behalf of the State.

The petitioners are apprehending their arrest in

a case under Sections 147, 148, 149, 384, 436, 380 and

120B of the Indian Penal Code.

The allegations in the First Information Report

are that these petitioners have set fire to a Government

Liquor shop situated in village Bindahi. Sevaral witnesses
2 Patna High Court Cr.Misc. No.29700 of 2011 (3) dt.24-10-2011

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in the case diary have stated that one Rajesh Gupta in a

drunken state was drowned in the nearby river, which

infuriated the villagers. They, therefore, set fire to the

liquor shop. The petitioners along with several others

have been named as members of the mob.

Be that as it may, in the event of their

arrest/surrender before the Court below within a period

of six weeks from today, the above named petitioners are

directed to be released on bail in connection with

Thakaraha Police Station Case No. 40 of 2011 on

furnishing bail bonds of Rs. 10,000/- (ten thousand)

each with two sureties of the like amount each to the

satisfaction of the Additional Chief Judicial Magistrate,

Bagaha, West Champran (Bettiah) subject to the

conditions laid down under Section 438 (2) of the Code of

Criminal Procedure.

Anand                                                         ( Sheema Ali Khan, J.)