IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36024 of 2008 ARBIND YADAV & ORS Versus STATE OF BIHAR ----------- For the petitioner – Mr. Prabhat Ranjan Singh, Adv. For the State – Mr. D. Surendra, A.P.P. ------------ 2. 27/8/2008 Heard learned counsel for the petitioners and learned counsel for the State. Petitioners are being prosecuted under Sections 147, 148, 149, 341, 323, 504, 379, 436, 427 of the Indian Penal Code and 3 (x) of the Schedule Caste and Schedule Tribe Prevention of Atrocities Act. It is alleged in the First Information Report that the petitioner No. 1 namely, Arbind Yadav, petitioner no. 3 namely Rabi Yadav along with co-accused Arun Singh and Gautam Thakur came to the place of occurrence and pushed the bicycles over the children due to which altercation took place. Subsequently, on raising alarm by the accused persons, fifty persons variously armed with Lathi etc. came and assaulted everybody who came in front of them. It is further stated that certain things have also been allegedly looted away by them. While returning, they put several houses on fire. Petitioners are named in the F.I.R. but it is submitted that there is no specific allegation of assault against anybody rather the allegation is omnibus against the mob. It is stated that due to enmity, petitioners have been implicated in this case. In support of - 2 - aforesaid submissions, petitioners have brought on record Annexure-2 which is First Information Report of Sikandra P.S. Case no. 99 of 2007. It is submitted that this case was lodged against agnates and friends of other sides (co-villagers). It has further been stated that the aforesaid case has been lodged by Radhey Yadav, brother of co-accused Sauki Yadav. The trial of aforesaid P.S. Case bearing Sessions Trial No. 115 of 2008 is going on. Learned counsel for the State submits that there is allegation of assault by the mob. However, he admits that there is no specific allegation of any overt act by the petitioners. In the aforementioned facts and circumstances of the case and in view of submissions made on behalf of the parties, let seven petitioners namely, Arbind Yadav, Dhananjay Yadav, Rabi Yadav, Mahendra Yadav, Manohar Yadav, Prakash Yadav and Ashok Yadav 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 Chief Judicial Magistrate, Jamui, in connection with Sikandra P.S. Case No. 67 of 2008. S.Ali (Dr. Ravi Ranjan, J.)