Patna High CourtCR. MISC./32322/2015bail granted

Hiraman Yadav And ANR. v. The State Of Bihar

2015-08-19Justice Smt. Anjana Mishra2 pages

Patna High Court Cr.Misc. No.32322 of 2015 (3) dt.19-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32322 of 2015 Arising Out of PS.Case No. -202 Year- 2014 Thana -FATEHPUR District- GAYA ======================================================

1. Hiraman Yadav son of Late Jeevan Yadav

2. Tota Yadav son of Namdeo Yadav.

Both are the resident of village Thekhani Police Station Fatehpur, DistrictGaya .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar No.- 4 For the Opposite Party/s : Mr. Ram Shankar Das(Spl.App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 19-08-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in connection with Fathepur P.S. Case No. 202 of 2014 registered for the offences punishable under Section 147, 447, 427, 120B, 341, 323, 452, 379 and 504 of the Indian Penal Code and Section 3 (x) of the SC/ST Act.

Learned counsel for the petitioners submits that the present occurrence took place in connection with some dispute between the parties regarding land which in the possession of this petitioner. It is further submitted that there is no case made out against the petitioners regarding provision of the SC/ST Act, as prima facie, the land, in question, is not a public place nor were there any independent witness to establish that it was in public view that the said occurrence took place.

Patna High Court Cr.Misc. No.32322 of 2015 (3) dt.19-08-2015 Considering the nature of allegation made in the present case and also the fact that petitioners have no criminal antecedent, let the petitioners above named, in the event of their arrest or surrender before the Court below within a period of three weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in connection with Fathepur P.S. Case No. 202 of 2014 subject to the conditions as laid down under Section 438 (2) of the Cr. P.C.

(Anjana Mishra, J) Jagdish/- U T