Kalanand Yadav And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29420 of 2015 Arising Out of PS.Case No. -4 Year- 2015 Thana -SAUR BAZAR District- SAHARSA ======================================================

1. Kalanand Yadav S/o Late Janardan Yadav

2. Rama Yadav @ Rama Nand Yadav S/o Late Janardan Yadav

3. Shyama Yadav @ Samanand Yadav S/o Late Janardan Yadav

4. Vidyanand Yadav S/o Late Bijal Yadav

5. Upendra Yadav S/o Dhrup Yadav

6. Maheshwari Yadav S/o Late Mano Yadav

7. Kishore Yadav S/o Maheshwari Yadav

8. Suresh Yadav S/o Natho Yadav Resident of Petitioner No. 1 to 7 are Sonbarsa Tola and Petitioner No. 8 is residing at Village- Arraha All P.S.- Sour Bazar, District- Saharsa .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Singh, Advocate For the Opposite Party/s : Ms. Rita Verma(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 06-10-2015 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioners are apprehending their arrest in connection with Sour Bazar P.S. Case No.4 of 2015 for allegedly having committed the offences under Sections 354A, 385, 458, 341, 342, 323, 147, 148, 149 of the Indian Penal Code and Sections 3(1)(x), 3(1)(xi) of the S.C./S.T (P.O.A.) Act Learned counsel for the petitioners submits that so far as the allegations levelled against these petitioners under the provisions of the S.C./S.T.(P.O.A.) Act are concerned, the same are not at all applicable as they have been roped in to give colour

Patna High Court Cr.Misc. No.29420 of 2015 (3) dt.06-10-2015 2/2 to the present case. It is further submitted that the occurrence has taken place in the house of the informant and not at any public place nor in public view. Learned counsel further submits that the present case has been lodged out of personal vendetta and other relevant Sections of the I.P.C. only because there had been a Panchayati between the petitioner and the informant's side regarding some Rasta in which C.O. has decided in favour of these petitioners.

Considering the aforementioned facts and circumstances and that there is no cogent material in the case diary, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, 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 B.K. Singh, learned Judicial Magistrate, 1st Class, Saharsa, in connection with Sour Bazar P.S. Case No.4 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T