Anil Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47257 of 2014 Arising Out of PS.Case No. -89 Year- 2014 Thana -GAYA HARIZAN District- GAYA ======================================================

1. Anil Yadav son of Baldeo Yadav

2. Jagdish Yadav, son of Late Rameshwar Yadav

3. Taro Yadav, son of Bholi Yadav

4. Birendra Yadav @ Bindu Yadav, son of Jagdish Yadav

5. Mahendra Yadav, son of Baldeo Yadav

6. Chandan Yadav, son of Suresh Yadav All are residents of village Raghunathpur, P.S.- Fatehpur, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sheikh Arkan Ahmad For the Opposite Party/s : Mr. Sadanand Paswan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 21-05-2015 Heard the Counsel for the petitioners and Mr. Sadanand Paswan, APP for the State.

After some arguments, learned counsel for the petitioners seeks permission to withdraw the application in so far as petitioner no. 5 (Mahendra Yadav) is concerned enabling him to surrender and seek bail.

Prayer is allowed.

Petitioners are facing prosecution under minor penal provisions of the Indian Penal Code as also under Section 3(i)(x) of the SC/ST (Prevention of Atrocities) Act. For watering the field, a dispute had arisen between the parties. It is alleged that the Mahendra Yadav abused the informant taking his name and called his associates whereafter petitioners arrived and manhandled the

Patna High Court Cr.Misc. No.47257 of 2014 (3) dt.21-05-2015 2/2 informant.

Having heard the parties, I direct that in the event of arrest or surrender in the Court below within four weeks, the petitioner nos. 1 to 4 and 6 namely Anil Yadav, Jagdish Yadav, Taro Yadav, Birendra Yadav @ Bind Yadav and Chandan Yadav are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M., Gaya in S.C./S.T. P.S. Case No. 89 of 2014 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions:

(I) One of the bailers shall be the own/close family members of the petitioners.

(ii) In case of framing of charge, the petitioners shall appear in person on each and every date fixed in the Court below. In case of default on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioners secure their arrest in accordance with law.

(Kishore Kumar Mandal, J) Pankaj/- U T