Binod Yadav @ Binod Kumar And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.38784 of 2014 (3) dt.20-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38784 of 2014 Arising Out of PS.Case No. -36 Year- 2013 Thana -SC/ST District- KHAGARIA ======================================================

1. Binod Yadav @ Binod Kumar, son of Suresh Yadav.

2. Babita Devi, Wife of Manoj Yadav.

3. Batasa Devi, wife of Suresh Yadav.

All are resident of Village- Durgapur, P.S. Muffasil(Khagaria), DistrictKhagaria. .... .... Petitioners.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioners : Mr. Bhim Kumar Yadav, Advocate. For the State : Mr. Sadanand Paswan, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 20-04-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Khagaria S.C./S.T. P.S. Case No. 36 of 2013, registered under Sections 147, 148, 149, 341, 323, 354, 307, 504 and 506 of the Indian Penal Code as well as Sections 3(1)(x)(xi) of S.C./S.T. Act.

It is alleged that informant and his son were removing the soil kept by the accused petitioners over his land which was given to him by the State of Bihar, then accused persons came there with lathi, danda and iron rod and assaulted them as well as abused them by their caste name. However, three persons have been shown to be injured, though, injury report shows that some of the injuries are simple, though, some of the injuries, x-ray report has been reserved.

Having regard to the facts and circumstances of the case, the above named petitioners in the event of their

Patna High Court Cr.Misc. No.38784 of 2014 (3) dt.20-04-2015 arrest/surrender within a period of four weeks from the date of receipt of the order in the court below shall be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria, in connection with Khagaria SC/ST P.S Case No. 36 of 2013, subject to condition as laid down under Section 438 (2) of Cr.P.C. Further condition that petitioners will not go over the disputed plot for which occurrence took place. Further condition that any violation of condition shall be ground for cancellation of bail bonds of the petitioners. m.p.

(Gopal Prasad, J) U T