Laxman Yadav vs State Of Jharkhand

Learned counsel for the petitioner, Mr. Prabhash Ch. Sinha undertakes to remove the following defects within 1 week after reopening of winter

vacation in January, 2021.

(i) Duly certified typed copies may be filed for hand-written pages of Annexure-1

(ii) G.R. No. stated in para- 1 prayer may be verified/corrected the same is neither appearing at F.I.R nor in impugned order.

Heard learned counsel for the petitioner and learned A.P.P for the State. Petitioner seeks anticipatory bail in terms of Section 438 of Cr.P.C in

connection with Hirodih P.S. Case No. 80 of 2019, corresponding to G.R. No. 1198 of 2019 instituted under Sections 147, 148, 149, 341, 323, 307, 353,

188, 427, 504 of Indian Penal Code, , pending in the court of Judicial Magistrate, 1st Class, Giridih, Learned counsel for the petitioner submits that 12

persons have been made accused in the F.I.R instituted by Officer-Incharge, Hirodih Police Station of having indulged in forming unlawful assembly

armed with weapons and causing interruption in performance of official duties by the police, who had arrived at the place of occurrence in connection

with the investigation of an accident of Tractor and Trailor. It was further alleged that the mob, of which petitioner was also a member tried to

damage the Trailor and put it on fire and on being prevented tried to commit serious life threatening assault on the police party which resulted in injury

to two-three police personnel. Learned counsel for the petitioner submits that on the same allegation one Manoj Modi has been granted anticipatory

bail by a coordinate bench of this Court in A.B.A No. 575 of 2020 vide order dated 7th February, 2020 on deposit of cash security of Rs. 5,000/-.

Other co-accused namely Jitendra Kumar Paswan and Prahalad Vishwakarma vide B.P. No. 1258/19 and B.P No. 1259/2019, Ajay Dwivedi and

Binod Yadav vide B.P. No. 15/2020 and B.P.No. 106/2020 have been granted regular bail by learned Sessions Court. The informant has not shown as

to how name of the petitioner or other villagers were known to him for implicating them in such act. Petitioner has no criminal antecedent. Therefore,

he may also be granted anticipatory bail like similarly placed co -accused, Manoj Modi.

Learned APP has opposed the prayer.

Having considered the facts and circumstances above and submissions of learned counsel for the parties and since co-accused, Manoj Modi has been

granted anticipatory bail by a coordinate bench of this Court, I am inclined to grant the privilege of anticipatory bail to this petitioner. Accordingly,

petitioner above named, in the event of his surrender or arrest within a period of 4 weeks, shall be released on bail on furnishing bail bond of Rs.

10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Giridih in connection

with Hirodih P. S. Case No. 80 of 2019, corresponding to G.R. No 1198 of 2019, subject to deposit of cash security of Rs. 5,000/- in the court below

and further condition as laid down under Section 438(2) of Cr.P.C. Petitioner shall cooperate in the investigation. Petitioner and his bailors shall not

change their address or mobile phone number without permission of the trial court.