Akhilesh Yadav @ Akhalesh Yadav And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.47267 of 2014 (3) dt.19-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47267 of 2014 Arising Out of PS.Case No. -183 Year- 2013 Thana -ADAPUR District- EAST CHAMPARAN(MOTIHARI) ======================================================

1. Akhilesh Yadav @ Akhalesh Yadav

2. Shri Bhagwan Yadav @ Shri Bhawan Yadav

3. Mukeh Yadav All S/o Shri Rajdeo Yadav R/o village Kanuniya, P.S. Adapur, District East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Patanjali Rishi For the Opposite Party/s : Mr. Ram Shankar Das(Spl.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 19-05-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Adapur P.S. Case No. 183 of 2013 registered for the offences punishable under Sections 323, 447, 504, 379/34 of the Indian Penal Code and Section 3(i) (x) of S.C./S.T. (Prevention of Atrocities) Act.

It would appear that almost all the sections are bailable in nature except Section 379 of the Indian Penal Code and Section 3(i) (x) of S.C./S.T. (Prevention of Atrocities) Act. Learned counsel appearing for the petitioners submits

Patna High Court Cr.Misc. No.47267 of 2014 (3) dt.19-05-2015 that Section 18 of S.C./S.T. (Prevention of Atrocities) Act is not applicable in the present case because as per prosecution case itself, the alleged occurrence took place on account of land dispute and not due to caste of the informant.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall 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 the Sub Divisional Judicial Magistrate, Raxaul, East Champaran, Motihari in Adapur P.S. Case No. 183 of 2013 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T