Rajendra Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38199 of 2014 Arising Out of PS.Case No. -142 Year- 2013 Thana -AADAPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. RAJENDRA YADAV SON OF LATE JODHA YADAV
2. BIRENDRA YADAV SON OF LATE JODHA YADAV
3. UPENDRA YADAV SON OF LATE JODHA YADAV
4. SIKANDAR YADAV SON OF LATE JODHA YADAV
5. GANGAJAL MAHTO SON OF LATE JOKHAN MAHTO ALL RESIDENTS OF VILLAGE - NAYAK TOLA, POLICE STATION - ADAPUR (HARPUR), DISTRICT - EAST CHAMPARAN.
.... .... PETITIONER/S
VERSUS
THE STATE OF BIHAR.
.... .... OPPOSITE PARTY/S ====================================================== Appearance :
For the Petitioner/s : Mr. Madhurendra Kumar For the Opposite Party/s : Mr. Smt.Sangeeta Sharma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-04-2015 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners are accused in connection with Adapur (Harpur) P.S. Case No. 142 of 2013 registered under Sections 447, 153(A) and 120(B) of the Indian Penal Code.
The accusation is that Informant, Rajeev Ranjan Singh, Officer-in-Charge of Adapur Police Station, received information on telephone that near the house of Rajendra Yadav, petitioner no. 1, in the field, three feet long Idol of Lord Hanuman was established by the people of Hindu Community, which is
adjacent to the house of the petitioner no. 1. Thereafter, informant/Officer-in-Charge along with the police officials reached there and found that Idol of Lord Hanuman has been established on the vacant land situated situated near the hosue of the petitioner no.1. In the meantime, Mahir Alim, Md. Sadik and others came and claimed that the said land belongs to the Muslim community and the people of Hindu community forcibly established the idol of lord Hanuman. Thereafter the petitioners along with others became violent.
Learned counsel for the petitioners submits that it would appear from the F.I.R. that Idol of Lord Hanuman has been established by the people near the adjacent house of petitioner no. 1, Rajendra Yadav and no untoward occurrence took place but due to ulterior motive petitioners and others have falsely been implicated in this case. It is further submitted that petitioners have no criminal antecedent.
Considering the aforesaid submissions, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate Ist Class, Raxaul, Motihari,
in connection with Adapur (Harpur) P.S. Case No. 142 of 2013, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T