Shailendra Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11393 of 2016 Arising Out of PS.Case No. -506 Year- 2015 Thana -BUXAR District- BUXAR ======================================================
1. Shailendra Yadav Son of Keshav Yadav
2. Bangur Yadav @ Bagur Yadav Son of Karpuri Yadav Both resident of village - Naya Bazar, Mathia, Police Station - Buxar ( Town ), District - Buxar.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rahul Nath For the Opposite Party/s : Mr. Sadanand Paswan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 15-03-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners seek bail in a case registered for the offences punishable under Sections 379, 341, 427, 323, 504/34 of the Indian Penal Code and Section 3 (i) (x) of S.C./S.T. (Prevention of Atrocities) Act.
Petitioners and other F.I.R. named accused persons are said to have demolished a community hall and also uttered the caste name of informant and others with an intent to humiliate them in full public view but submission on behalf of the petitioners is that there was land dispute between the parties and as a matter of fact, the so-called community hall had been
Patna High Court Cr.Misc. No.11393 of 2016 (2) dt.15-03-2016 2/2 constructed on a disputed plot for which a title appeal i.e. Title Appeal No. 63 of 2009 is still pending. It is also submitted that moreover, the informant had lodged similar type of case earlier and in the aforesaid case, this court granted privilege of bail to petitioner no. 1.
Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of period of detention of the petitioners in jail custody, let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar in connection with Buxar(Town) P.S. Case No. 506 of 2015.
(Hemant Kumar Srivastava, J) SHAHZAD/- U T