Patna High CourtCR. MISC./41376/2015disposed

Arjun Yadav And ANR. v. State Of Bihar And ANR

2015-10-13Mr. Justice V.N. Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41376 of 2015 Arising Out of PS.Case No. -37 Year- 2015 Thana -HARIJAN PS. District- NALANDA (BIHARSHARIFF) ======================================================

1. Arjun Yadav,

2. Jamun Yadav.

Both Son of Banwari Yadav, Resident of Village- Daura, P.S.- Khudaganj, District- Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Sajeevan Paswan, Son of Late Gajadhar Paswan, resident of VillageDaura, P.S.- Khudaganj, District- Nalanda. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL ORDER 13-10-2015 During pendency of this petition petitioner no. 2 has been arrested, as such, his prayer for grant of bail in the event of arrest has become infructuous, which is, accordingly, disposed of.

Petitioner no. 1 is apprehending his arrest in connection with a case registered for the offences under Sections 147, 149, 341, 323, 504, 506 of the Penal Code, Sections 3(i)(x) of the SC/ ST (Prevention of Atrocities) Act.

It is submitted on behalf of petitioner no. 1 that the overt acts attributed to him is not corroborated by the medical evidence.

Patna High Court Cr.Misc. No.41376 of 2015 (2) dt.13-10-2015 2/2 Let petitioner surrender in the court below within a period of four weeks from the date of receipt/ production of a copy of this order in the court below and the court below should call for the case diary, injury report and verify the submission noted above within two weeks from the date of receipt/production of a copy of this order. In the event, the overt act alleged against the petitioner is not corroborated by the medical evidence, petitioner no. 1, named above, be released on bail on furnishing bail bond of Rs. 5,000/-(Rs. Five Thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Hilsa, Nalanda, in connection with SC/ ST P.S. Case No. 37/15 (Biharsharif), subject to the conditions laid down under Section 438(2) Cr.P.C., otherwise the court below shall pass appropriate order in accordance with law.

The petition is, accordingly, disposed of.

(V.N. Sinha, J) Rajesh/- U T