Rajindar Yadav And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14792 of 2015 Arising Out of PS.Case No. -46 Year- 2013 Thana -SIDHWARA District- DARBHANGA ======================================================

1. Rajindar Yadav S/o Late Raj Nandan Yadav

2. Mahendar Yadav S/o Rajindar Yadav Both resident of village - Kalyanpur, P.S. Singhwara, District - Darbhanga .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Vinay Kumar Mishra, Advocate For the Opposite Party : Mrs. Anuradha Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 25-06-2015 This is an application, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioners, namely, Rajindar Yadav and Mahendar Yadav, in connection with Singhwara Police Station Case No. 46 of 2013 under Section 147/148/149/323/307/504 of the Indian Penal Code. Perused the above application and materials on record including a copy of the order, dated 13.02.2015, passed, in A.B.P. No. 143 of 2015, by the learned Sessions Judge, Darbhanga, dismissing the said application for pre-arrest bail. Heard Mr. Vinay Kumar Mishra, learned Counsel for the petitioner, and Mrs. Anurdha Singh, learned Additional Public Prosecutor, appearing on behalf of the State. In view of the fact that perusal of the materials on record does not reveal any such incriminating materials against the

Patna High Court Cr.Misc. No.14792 of 2015 (4) dt.25-06-2015 2/3 petitioners, which would warrant their custodial detention and interrogation, this Court is of the view that the petitioners have been able to make out a case calling for appropriate direction for pre-arrest bail.

Considering, therefore, the matter in its entirety and in the interest of justice, it is hereby directed that the petitioners above-named shall, in the event of their arrest in connection with the case aforementioned, be released on bail of Rs. 10,000/-, with two sureties, each of the like amount, subject to the satisfaction of the Officer-in-Charge, Singhwara Police Station, Darbhanga.

This direction for bail is further subject to the condition that the petitioners above-named shall, within two weeks from today, appear before the Officer-in-Charge, Singhwara Police Station, Darbhanga, and make themselves available for interrogation by police at all reasonable time and shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer. This application for pre-arrest bail shall stand disposed of in terms of the above observations and directions. Let a copy of this order be sent, forthwith, to the Officer-in-Charge, Singhwara Police Station, Darbhanga.

Patna High Court Cr.Misc. No.14792 of 2015 (4) dt.25-06-2015 3/3 Send also a copy of this order, forthwith, to the Superintendent of Police, Darbhanga, by fax.

(I. A. Ansari, J) Pawan/- U T