Kamal Kishore Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34911 of 2014 Arising Out of PS.Case No. -237 Year- 2013 Thana -MANSI District- KHAGARIA ======================================================

1. Kamal Kishore Yadav, son of Biranchi Yadav,

2. Guddu Yadav, Son of Shankar Yadav

3. Mahesh Yadav, son of Bhikhari Yadav

4. Mantosh Yadav, son of Biranchi Yadav, All residents of village- Khutiya, P.S.- Mansi, district- Khagaria .... .... Petitioners

Versus

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

For the Petitioners : Mr. Suraj Narain Yadav, Advocate.

For the Opposite Party : Mr. L.K.Sharma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-04-2015 Heard both sides.

It is submitted that the petitioner was granted anticipatory bail in Mansi P.S. Case No. 237 of 2013 registered under Sections 307 and 34 and other Sections of the Indian Penal Code and Section 27 of the Arms Act, but the Section of Arms Act has not been mentioned in the order dated 13.03.2015 and that is why the petitioners are not being released, if this being the fact, the learned Magistrate has taken super technical attitude by not accepting the bail bonds as the petitioners have been granted anticipatory bail in Mansi P.S. Case No. 237 of 2013. Be that as it may the Section of Arms Act be also inserted in the first paragraph of the order dated 13.03.2015. The

Patna High Court Cr.Misc. No.34911 of 2014 (3) dt.22-04-2015 2/2 order stands corrected accordingly.

The period for surrendering of the petitioners is extended for further three weeks from the date of receipt/production of a copy of this order.

(Prabhat Kumar Jha, J.) KKSINHA/- U T