Lucha Yadav And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39636 of 2014 Arising Out of PS.Case No. -94 Year- 2014 Thana -MAGADH MEDICAL COLLEGE DistrictGAYA ======================================================

1. Lucha Yadav Son of Ramu Yadav Resident of Village - Hario, P.S. - Magadh Medical, District- Gaya.

2. Ramu Yadav Son of Late Moti Yadav Resident of Village - Hario, P.S. - Magadh Medical, District- Gaya.

3. Hirday Kahar Son of Shit Kahar Resident of Village - Rehua, P.S. - Magadh Medical, District - Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Singh, Advocate For the Opposite Party/s : Mr. J.K.Singh-I ,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-03-2015 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 307, 341, 323, 34 IPC and Section 3(x) of S.C./S.T. Act registered in connection with Magadh Medical P.S. Case No. 94 of 2014.

3. It is submitted that the petitioners have been falsely implicated and in any event the accusation of assault on the head is against the co-accused Munna Yadav, whereas the petitioners are said to have assaulted on non vital part of the body. The petitioners

Patna High Court Cr.Misc. No.39636 of 2014 (2) dt.19-03-2015 claim clean antecedents. Even on the averment in the FIR no case under the S.C/S.T. Act is made out.

4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioners arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned A.C.J.M., Gaya, in connection with Magadh Medical P.S. Case No. 94 of 2014subject to the conditions as laid down under Section 438 (2) Cr.P.C.

(Vikash Jain, J) Chandran U T