Sudarshan Yadav @ Sudho Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30918 of 2016 Arising Out of PS.Case No. -161 Year- 2015 Thana -SINGHESHWARASHTHAN DistrictMADHEPURA ======================================================

1. Sudarshan Yadav @ Sudho Yadav Son of Late Dulan Yadav

2. Sushil Yadav @ Rajesh Kumar Yadav son of Late Tarni Yadav

3. Amarnath Yadav @ Khokho Yadav son of Bindeshwari Yadav

4. Kumal Yadav @ Babajee Yadv son of Late Janak Yadav

5. Naresh Yadav son of Late Bhagwat Yadav

6. Mohan Yadav Son of Late Gosai Yadav All the residents of village- Lalapatti, Police Station- Singheshwar, District- Madhepura .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Durgesh Kumar, Advocate For the Opposite Party/s : Mr. Sri Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-08-2016 It is submitted by the learned counsel for the petitioners that petitioner no. 3 namely Amarnath Yadav @ Khokho Yadav has been arrested and his application has become infructuous and seeks permission to withdraw his anticipatory bail application.

Accordingly, the anticipatory bail application of petitioner no. 3 namely Amarnath Yadav @ Khokho Yadav is dismissed as withdrawn.

Heard learned counsel for the petitioners except petitioner no. 3 and the State.

Petitioners are apprehending their arrest in a case

Patna High Court Cr.Misc. No.30918 of 2016 (2) dt.04-08-2016 registered for the offences punishable under Sections 341, 379, 323, 385, 504, 506/34 of the Indian Penal Code and 3(1) (x) of the S.C./S.T.(Prevention of Atrocities) Act The prosecution case is that the petitioners were demanding Rs.10,000/- per month as extortion from the informant being the Headmaster of the school for allowing distribution of mid day meal properly. It is alleged that on 03.10.2015 at 12.00 A.M. the Block Education Officer came and ordered to start distribution of mid day meal scheme. Meanwhile, the accused entered into the school, abused the teachers by calling caste name and threatened them. They also took away the materials of the mid day meal and attendance register. The accused persons dashed the informant and tore some of the registers.

It is submitted by the learned counsel for the petitioners that maliciously the accusation has been levelled since the petitioners made protest for running of mid day meal scheme improperly. The accusation is omnibus and general.

Considering the nature of accusation, it is a case for consideration of prayer for regular bail, let the learned court below consider the prayer for regular bail of the petitioner nos. 1, 2, 4, 5 and 6, if the petitioners surrender before the learned court below within a period of six weeks from today in connection with Singheshwar P.S. Case No. 161 of 2015,

Patna High Court Cr.Misc. No.30918 of 2016 (2) dt.04-08-2016 pending in the court of learned Chief Judicial Magistrate, Madhepura.

With the above observation this application is disposed of.

(Dinesh Kumar Singh, J) P.K./- U T