Akhilesh Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34176 of 2015 Arising Out of PS.Case No. -37 Year- 2015 Thana -HARIJAN PS. District- NALANDA (BIHARSHARIFF) ======================================================

1. Akhilesh Yadav Son of Banwari Yadav Resident of village - Daura, P.S. Khudaganj, District - Nalanda .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sajeevan Paswan Son of Late Gajadhar Paswan Resident of village - Daura, P.S. Khudaganj, District - Nalanda .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Ojha For the Opposite Party/s : Mr. Ambika Bhagat(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-08-2015 Heard learned counsels for the petitioner and the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 149, 323, 341, 504, 506 of the Indian Penal Code and Section 3(1)(x) of the SC & ST (Prevention of Atrocities) Act. It is alleged that all the accused persons entered into the house of the informant, made assault to the informant. The specific accusation of assault is against Arjun Yadav and Jamun Yadav. It is also alleged that accused persons abused the informant by calling caste name. It is submitted by learned counsel for the petitioner that for the occurrence of 08.04.2015 the First Information Report was registered on 15.04.2015 when the

Patna High Court Cr.Misc. No.34176 of 2015 (2) dt.14-08-2015 2/2 accusation is not specific against the petitioner. Admittedly the occurrence took place inside the house of the informant which can not be treated to be a place in public view. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Considering the fact that accusation is not specific against the petitioner and the occurrence took place inside the house of the informant, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa at Nalanda in connection with SC/ST P.S. Case No. 37 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Shageer/- U T