Ramasaray Yadav And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.32872 of 2015 (3) dt.09-11-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32872 of 2015 Arising Out of PS.Case No. -45 Year- 2015 Thana -HARIJAN PS. District- NALANDA (BIHARSHARIFF) ======================================================
1. Ramasaray Yadav
2. Badri Yadav Both Sons of late Pradeep Yadav, resident of Village- Katahari, P.S Asthawan Dist Nalanda.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satya Ranjan Sinha For the Opposite Party/s : Mr. Sanjay Kumar (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 09-11-2015 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehends his arrest in connection with S.C/S.T. Case No. 45 of 2015 registered for the offences punishable under Sections 341, 323, 504, 506, 324, 307/34 of the Indian Penal Code and Section 3 (I) (x) of the SC/ST Act. Learned counsel for the petitioner submits that no case is made out under the relevant section of SC/ST Act against the petitioner as the occurrence did not happen in a public place. It is further submitted that so far as rest sections are concerned, the same has been inserted only with a view to harass the petitioner and the occurrence which is alleged to have taken place was not pre-meditated. It is further submitted that similarly situated co-
Patna High Court Cr.Misc. No.32872 of 2015 (3) dt.09-11-2015 accused persons have been granted anticipatory bail by a Bench of this Court vide order dated 28.07.2015 passed in Cr. Misc. No. 29253 of 2015.
Considering the aforesaid submissions, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Bihar Sharif in connection with SC/ST Sadar Nalanda Case No. 45 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.. (Anjana Mishra, J) Jagdish/- U T