Surendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2484 of 2015 Arising Out of Banke Bazar (Raushanganj) PS.Case No. -73 of 2014 Thana -ROSHANGAANJ District- GAYA ======================================================

1. Surendra Yadav S/o Munarik Yadav, Resident of Village - Kharar, P.S. - Banke Bazar (Roshanganj), District - Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Opposite Party/s : Mr. Sadanand Paswan(Spl. APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 16-07-2015 This is an application, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioner, namely, Surendra Yadav, in connection with Banke Bazar (Raushanganj) Police Station Case No. 73 of 2014 under Section 341/323/354/504 of the Indian Penal Code and Section 3(1) (x) (xi) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act.

Perused the above application, materials available in the case diary and materials on record including a copy of the order, dated 17.11.2014, passed, in A.B.P. No.2321 of 2014, by the learned Sessions Judge, Gaya, dismissing the said application for pre-arrest bail.

Heard Mr. S.K. Sharma, learned counsel for the

Patna High Court Cr.Misc. No.2484 of 2015 (5) dt.16-07-2015 petitioner, and Mr. Sadanand Paswan, learned Special Additional Public Prosecutor, appearing on behalf of the State. In view of the fact that perusal of record does not reveal any such incriminating materials against the petitioner, which would warrant their custodial detention and interrogation, this Court is of the view that the petitioner has been able to make out a case calling for appropriate direction for pre-arrest bail. Considering, therefore, the matter in its entirety and in the interest of justice, it is hereby directed that the petitioner above-named shall, in the event of his arrest in connection with the case aforementioned, be released on bail of Rs.

10,000/-, with two sureties of the like amount, subject to the satisfaction of the Officer-in-Charge, Banke Bazar (Raushanganj) Police Station, Gaya. This direction for bail is further subject to the condition that the petitioner above-named shall, within two weeks from today, appear before the Officer-in-Charge, Banke Bazar Police Station, and make himself available for interrogation by police at all reasonable time and shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

This application for pre-arrest bail shall stand disposed

Patna High Court Cr.Misc. No.2484 of 2015 (5) dt.16-07-2015 of in terms of the above observations and directions. Let a copy of this order be sent, forthwith, to the Officer-in-Charge, Banke Bazar (Raushanganj) Police Station, District Gaya.

Send also a copy of this order, forthwith, to the Superintendent of Police, Gaya, by fax.

(I. A. Ansari, J) A.I./- U