Pramod Yadav @ Pramod Kr. Yadav And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.26663 of 2015 (2) dt.20-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26663 of 2015 Arising Out of PS.Case No. -38 Year- 2014 Thana -PRATAPGANJ District- SUPAUL ======================================================

1. Pramod Yadav @ Pramod Kr. Yadav,

2. Bikash Yadav, both Sons of Baleshwer Yadav,

3. Baleshwer Yadav, Son of Late Lootan Yadav, all are resident of VillageBelhi, Police Station- Pratapganj, District- Supaul .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun For the Opposite Party/s : Mr. Ambika Bhagat (Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-07-2015 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in a case instituted under Sections 379, 341, 323, 504/34 of the Indian Penal Code and Section 3 (I) (X) of the SC/ST Act. The prosecution case, in short, is that the informant has submitted a written report before the S.H.O., Pratapganj Police Station on 28.5.2014 stating that some one stolen his pumping set machine from his field. In course of search, he traced sign of movement of the said machine and the accused persons in presence of the villagers agreed to return the same and not to involve the police. Thereafter, the informant visited at the place of

Patna High Court Cr.Misc. No.26663 of 2015 (2) dt.20-07-2015 accused persons for his pumping set, for which all the accused persons abused naming his caste and assaulted him. On behalf of the petitioners, it is submitted that there is a dispute between the parties and due to village politics, the petitioners have been made accused in the present case. Further, it is submitted that the provision of S.C./S.T. Act is not attracted, as the occurrence has not taken place in the public place. On behalf of the State, it is submitted that the petitioners are named in the first information report. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender in the court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs.

10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sri T.A. Kumar, Judicial Magistrate, Birpur (Supaul) in connection with Pratapganj P.S. Case No. 38/2014 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Sudhir Singh, J) V.P.Sinha/- U