Arbind Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8069 of 2016 Arising Out of PS.Case No. -108 Year- 2014 Thana -MEHANDIA District- JEHANABAD ====================================================== Arbind Yadav, son of Mahendra Yadav, resident of village Madaila, P.S. Mehandia, District Arwal.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bindeshwar Prasad Singh, Advocate For the Opposite Party/s : Mr. Md.Fahimuddin, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 23-02-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends arrest in connection with Mehandia P.S. Case No.108/14 for offences alleged under Sections 341, 323, 427, 504, 506 of the Indian Penal Code and Section 3(x) of the SC/ST (Prevention of Atrocities) Act.

The prosecution case, as lodged by the informant, is that on 20.12.2014 on account of land dispute with his covillager Mahendra yadav an officer had come for enquiring the matter and in that regard he asked from Munilal Yadav that as to from how many days Nad and Charan is there. Munilal replied that it existed for last 30 years and when the enquiring officer went from there Mahendra Yadav is said have assaulted Munilal Yadav

Patna High Court Cr.Misc. No.8069 of 2016 (2) dt.23-02-2016 2/3 with slap on the nose, on which he fell down and became unconscious. When informant and his son came to rescue he abused by calling caste name and threatened to kill. Thereafter Mithilesh Yadav, Arbind Yadav, Mahendra Yadav destroyed the hut, caught hold of her and assaulted.

It has been submitted by the learned counsel for the petitioner that he is innocent and has committed no offence. It has further been submitted that the allegation is against one Mahendra Yadav, who assaulted Munilal Yadav and also took caste name and there is no allegation against the petitioner under Section 3(x) of the SC/ST (Prevention of Atrocities) Act. Learned counsel for the petitioner further submits that the petitioner has no criminal history, as is evident from paragraph 3 of this petition. The injury on the person of said Munilal Yadav has also been found to be simple in nature and the said injury cannot be attributable to the petitioner.

Learned APP for the State, however, submits that the petitioner is named in the First Information Report. Be that as it may, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of eight weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the

Patna High Court Cr.Misc. No.8069 of 2016 (2) dt.23-02-2016 3/3 like amount each to the satisfaction of learned S.D.J.M., Arwal (Jehanabad), in connection with Mehandia P.S. Case No. 108/14, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nilu Agrawal, J.) Rajesh/- U T