Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS NO.44086 OF 2011 SAHDEO YADAV SON OF AKLU YADAV R/O VILLAGE- JHALAR,P.S.- BOUNSI, DISTRICT- BANKA VERSUS THE STATE OF BIHAR ---------------------------------- WITH CRIMINAL MISCELLANEOUS NO.50 OF 2012 HRIDYA YADAV SON OF AKLU YADAV, R/O VILLAGE- JHALAR, P.S.- BOUNSI, DISTRICT- BANKA VERSUS THE STATE OF BIHAR ---------------------------------- 2 04/01/2012 Above noted both the applications arising out of one occurrence i.e. Bounsi P.S. Case No. 53 of 2010 have been heard together and are being disposed of by this common order. Earlier prayer for bail of the petitioner was rejected vide order dated 18.3.2011 passed in Cr. Misc. No.37488 of 2010 and analogous cases. The petitioners seek bail in a case registered under [STATUTE] , sections 3, 4, 5 of the Explosive Substance Act and Section 27 of the Arms Act. Altogether 15 persons are named in the FIR almost on identical allegation. They are Babulal Yadav, Rajeshwar Soren, Karu Mian, Arun Yadav, Ajay Yadav, Vijay Yadav, Budhdev Yadav, Sugdev Yadav, Prakash Yadav, Parsu @ Parsuram Yadav, Manikant Yadav, Hirday Yadav, Sahdeo Yadav, Gopal Yadav and Madhusudan Yadav. Allegations relates to 2 killing of Prayag Yadav and four others. Subsequent to the rejection of the prayer for bail of these petitioners, co-accused Rajeshwar Soren was admitted to bail but it has been pointed out by the learned counsel appearing on behalf of the informant that he was granted bail on incorrect submission. Learned counsel for the petitioners produced the order dated 30.11.2011 passed in Cr. Misc. No. 38449 of 2011 from which it is apparent that co- accused Parsu @ Parsuram Yadav whose name stands as one of the named accused of the case has been admitted to bail in which it was not in consideration that co-accused Rajeshwar Soren has been admitted to bail. Prayer for bail of the petitioners has been opposed by the learned APP assisted by the learned counsel appearing on behalf of the informant. Considering the fact that identically situated accused persons have been admitted to bail, the petitioners above named of both the cases are directed to be released on furnishing of bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Ist Additional Sessions Judge/3rd Additional Sessions 3 Judge/concerned Court in Sessions Trial No.96 of 2011 arising out of Bounsi P.S. Case No. 53 of 2010. (Shyam Kishore Sharma, J.) avin

Applicable IPC Section: 427

Statute Text:
Section 427 of the Indian Penal Code. Mischief, and thereby causing damage to the amount of 50 rupees or upwards. Whoever commits mischief and thereby causes loss or damage to the amount of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.