Nilu Yadav @ Niru Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8311 of 2016 Arising Out of PS.Case No. -44 Year- 2015 Thana -SC/ST District- JAMUI ======================================================
1. Nilu Yadav @ Niru Yadav son of Jhari Yadav
2. Brihspat Yadav @ Bispat Yadav son of late Huro Yadav
3. Shambhoo Yadav son of Girdhari Yadav
4. Raj Kumar Yadav son of Leelo Yadav
5. Ranjeet Yadav son of Kesho Yadav
6. Surendra Yadav son of Niru Yadav All residents of village Fatehpur Tanr per, P.S. Khaira, District Jamui. .... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Partys ====================================================== Appearance :
For the Petitioners : Mr. Prabhat Ranjan Singh, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-04-2016 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 323, 354, 341, 379, 488, 504 of the Indian Penal Code and Section 3(1)(x)(xi)(iv)(v) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act registered in connection with Jamui SC/ST P.S. Case No. 44 of 2015.
3. It is submitted that the petitioners have been falsely implicated as according to the first information report itself, admittedly there is a land dispute for which there is a case and counter case between the parties. It is further submitted that the
Patna High Court Cr.Misc. No.8311 of 2016 (2) dt.18-04-2016 2/2 ingredients of the offence under the provisions of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act are not made out as the alleged occurrence is not in public view.
4. Learned APP for the State assisted by learned counsel for the informant appears suo motu and has been heard.
5. Having regard to the entirety of the facts and circumstances of the case, as such, in the event of the arrest or surrender of the petitioners before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Jamui in connection with Jamui SC/ST P.S. Case No. 44 of 2015, subject to the conditions as laid down under Section 438 (2) Cr.P.C.
(Vikash Jain, J) B.T/- U T