Kari Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49565 of 2015 Arising Out of PS.Case No. -71 Year- 2015 Thana -BAHERA District- DARBHANGA ======================================================

1. Kari Yadav Son of Lakhan Yadav,

2. Rajendra Yadav, Son of Lakhan Yadav,

3. Mankhush Yadav, Son of Lakhan Yadav,

4. Upendra Yadav @ Upendra Kumar Yadav, Son of Lakhan Yadav,

5. Lakhan Yadav, Son of Late Jeebach Yadav, All resident of village - Hanuman Nagar, P.S. - Bahera (Alinagar O.P.), District - Darbhanga.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Sameer Ranjan, Advocate For the Opposite Party/s : Mr. Ram Shankar Das(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 04-11-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Bahera P. S. Case No. 71 of 2015 registered under Sections 341, 323, 504/34 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

It is contended that all the sections under the penal code are bailable in nature. The informant has been set up by one Ramesh Yadav. The petitioner no. 1 Kari Yadav and petitioner no.

Patna High Court Cr.Misc. No.49565 of 2015 (2) dt.04-11-2015 2/2 5 Lakhan Yadav have already filed a title suit bearing Title Suit No. 65 of 2015 against said Ramesh Yadav and this fact would be evident from report submitted under Section 173 of the Code of Criminal Procedure by the police as Ramesh Yadav and his family members have been named as witnesses in the present case. Learned counsel for the State has opposed the application for grant of anticipatory bail to the petitioners. Regard being had to the facts and circumstances of the case, in the event of arrest or surrender before the court below within four weeks from today, the petitioners named above are directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Darbhanga in Bahera P. S. Case No. 71 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J.) Kanchan/- U T