Birbal Bind And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60940 of 2017 Arising Out of PS.Case No. -170 Year- 2017 Thana -KUDRA District- BHABHUA (KAIMUR) ======================================================

1. Birbal Bind son of Sadan Bind

2. Lavkush Bind son of Chana Bind

3. Yogesh Bind @ Yogesh Bind son of Bali Bind

4. Sharawan Bind son of Ramashankar Bind All R/o Village Matachak, P.S. Kudra, District Kaimur at Bhabua.

.... .... Petitioners

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-01-2018 This case has been listed under the heading "To Be Mentioned" at the instance of the Court.

From perusal of the record it appears that on 19.12.2017 at the time of disposal of this application, the petitioner No. 4 Sharawan Bind, son of Ramashankar Bind was ordered to be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from 19.12.2017, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kaimur at Bhabua in connection with Kudra P.S. Case No. 170 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C. and the pre-arrest bail of the remaining petitioners i.e. Petitioner No. 1 Birbal Bind, petitioner No.2 Lavkush Bind and

Patna High Court Cr.Misc. No.60940 of 2017 (3) dt.10-01-2018 2/2 petitioner No.3 Yogesh Bind @ Yugesh Bind was rejected, but inadvertently the rejection order could not be typed. As such in the last paragraph of order dated 19.12.2017 be read as follow: Having considered the facts and circumstances of the case and the nature of allegation against the petitioners i.e. Petitioner No. 1 Birbal Bind, petitioner No.2 Lavkush Bind and petitioner No.3 Yogesh Bind @ Yugesh Bind, I am not inclined to grant anticipatory bail to the said petitioners. Accordingly, the prayer for grant of anticipatory bail of Petitioner No. 1 Birbal Bind, petitioner No.2 Lavkush Bind and petitioner No.3 Yogesh Bind @ Yugesh Bind stands rejected. In the cause title of the order dated 19.12.2017, the name of petitioner No.3 Yogesh Bind @ Yogesh Bind be read as Yogesh Bind @ Yugesh Bind.

The order dated 19.12.2017 is modified to the above extent only.

(Rajendra Kumar Mishra, J) manish/- U T