IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33073 of 2008 MANOJ YADAV @ MANOJ KUMAR Versus STATE OF BIHAR ----------- 2. 29.8.2008 Heard the learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in connection with Jankinagar P.S. Case No.56/08 for the alleged offences registered under section 34 of the Indian Penal Code and section 3(xv) of the Scheduled Caste & Scheduled Tribe Act. It is submitted on behalf of the petitioner that the petitioner is a member of the Zila Parishad, who has received a proposal from the concerned Circle Officer for construction of a pond over a land, which was a Gairmaizarua Khas. Upon receiving the technical approval the Zila Parishad has sanctioned a scheme for construction of the pond. It is further submitted that the allegation is that the said pond was constructed not as per the technical approval and it was constructed with an object to harass the members of the Scheduled Caste. It is further submitted that 2 there is no allegation against this petitioner for committing the offences as alleged. Considering the above, it is directed that petitioner above named, in the event of his arrest or surrender in connection with Jankinagar P.S. Case No.56/08, within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea, in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. PNM (Shailesh Kumar Sinha, J.)