IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24521 of 2009 KUNDAN YADAV, SON OF SRI RAJ KISHROE YADAV, RESIDENT OF VILLAGE MADHAV NAGAR, P.S. DHAMDAHA, DISTRICT PURNEA Versus STATE OF BIHAR ----------- 2 28.08.2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under Sections 374, 452, 504, 320, 506 323 read with Section 34 of the Indian Penal Code and Section 3 of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act. It is stated that petitioner and others went to the house of the informant, abused and assaulted him on the ground that he had not come to work in their field. It is also stated in the first information report that Rs.58,000/- was taken away from house of the informant by them. Learned counsel for the petitioner points out from the photo copy of the first information report that later on, figure `58,000’ has been added in the F.I.R. to enhance gravity of the case. He submits that even in case petitioner had some grievance against the informant and others for not having worked in his field, this F.I.R. has been instituted by the - 2 - informant with a cooked up story on 1.6.2009 and on the same day, while petitioner was at his home not knowing about institution of the case, he was arrested and since then he is in custody. Considering the above facts and circumstances, the application is allowed. Petitioner (Kundan Yadav) is directed to be released on bail on furnishing bail bonds of Rs.10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Purnea in connection with Bhawanipur P.S. Case No.59 of 2009. B.T (J.N. Singh, J.)