Binod Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40349 of 2015 Arising Out of PS.Case No. -43 Year- 2015 Thana -KACHHAWA District- SASARAM (ROHTAS) ======================================================

1. Binod Yadav

2. Pramod Yadav

3. Manoj Yadav.

All are sons of Kanahaya Yadav Resident of Village Nuaaw, P.S. Kachhawa, District Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL ORDER 08-10-2015 Heard learned counsel for the petitioners and the State.

Petitioners are apprehending their arrest in connection with a case registered for the offences under Section 307 and other allied Sections of the Penal Code, Section 3(x) of the Scheduled Castes/ Scheduled Tribes (Prevention of Atrocities) Act.

It is submitted on behalf of the petitioners that the police officers along with armed force had come to the place of occurrence to arrest one Pramod Yadav when the present occurrence is said to have taken place and the police officers, armed force is said to have been assaulted by said Pramod Yadav,

Patna High Court Cr.Misc. No.40349 of 2015 (2) dt.08-10-2015 2/3 these petitioners as also others in the village. It is submitted that neither the officers nor the members of police party, which had come to the village, suffered any injury.

Let petitioners 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 apply for regular bail. The court below shall verify from the records as to whether any injury report is available on the record and the officers, members of the police party suffered serious injuries as also antecedent of the petitioners as it is said that besides the present case they are only accused in Kachhawan P.S. Case No. 42/15 lodged only one day before the present occurrence. In the event, antecedent of the petitioners is clean, they be admitted to the privilege of bail on furnishing bail bonds of Rs. 5,000/-(Rs. Five Thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Bikramganj, Rohtas in connection with Kachhawan P.S.

Case No. 43/15, 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. Until verification is made, no coercive steps be taken against the petitioners.

Patna High Court Cr.Misc. No.40349 of 2015 (2) dt.08-10-2015 3/3 Kachhawan P.S. Case No. 42/15, they may be admitted to the privilege of bail.

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