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Patna High CourtCR. MISC./35157/2014disposed

Raj Kumar Yadav And ORS v. The State Of Bihar

2015-03-042 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35157 of 2014 Arising Out of PS.Case No. -52 Year- 2014 Thana -BELDAUR District- KHAGARIA ======================================================

1. Raj Kumar Yadav S/o - Yadunandan Yadav

2. Kailu Yadav

3. Pappu Yadav

4. Jawahar Yadav

5. Arbind Yadav All Sons of Lakhan Yadav All resident of Village - Pirnagra, P.S. - Beldaur, District - Khagaria. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Lalan Kumar For the Opposite Party/s : Mr. Nirmal Kr.Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 04-03-2015 Petitioner no.1 has been arrested and his application was already withdrawn as infructuous.

So far as others are concerned, they apprehend arrest in relation to Beldaur P.S. Case No. 52/2014 instituted under sections 447, 323, 341, 379, 504 and 506/34 of the Indian Penal Code. Learned counsel for the petitioners has drawn attention of this Court to the order of the learned Sessions Judge, Khagaria, by which he has refused to grant anticipatory bail to the petitioners.

Patna High Court Cr.Misc. No.35157 of 2014 (3) dt.04-03-2015 2 / 2 In the last paragraph the learned Judge has himself noticed that there is allegation of theft of mustard crop. That could be allegation pertaining to section 379 of the Indian Penal Code, which is a punishable offence up to three years. In the facts and circumstances of the case, in the event of arrest/surrender within four weeks from today, the petitioners, namely, Kailu Yadav, Pappu Yadav, Jawahar Yadav and Arbind Yadav shall be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Khagaria, in connection with Beldaur P.S.

Case No.

52/2014(G.R.No. 615/2014), subject to the conditions as laid down under section 438(2) Cr.P.C.

(Navaniti Prasad Singh, J) B.Roy/- U