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2010 Supreme(Pat) 405

BIRENDRA PRASAD VERMA
Jagnarayan Yadav @ Babajee Yadav Son Of Soti Lal Yadav – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

1. Heard learned counsel for the petitioners. Nobody appears for the State.

2. It is submitted by the learned counsel for the petitioners that initially the first information report vide Annexure-1 was lodged by the informant for commission of offences under Sections 144, 307, 323, 324, 384 and 379 of the Indian Penal Code and in that case all the petitioners were arrayed in the category of accused. By referring to Annexure-2, learned counsel for the petitioners submits that on close of investigation police submitted charge-sheet No. 64 of 2004 dated 4.11.2004 for offences under Sections 147, 148, 149, 323,324 and 504 of the Indian Penal Code and therefore, all the offences were bailable at the relevant time. It is relevant to mention here that Section 324 of the Indian Penal Code was subsequently made non-bailable by Code of Criminal (Amendment) Act, 2005, which came into force with effect from 23.6.2006. As all the offences, referred to above, were bailable in the year 2004, therefore, petitioners appeared before the police and they were enlarged on bail by the police itself in terms of Section 436(1) Cr.P.C. It is stated that subsequently learned Chief Judicial Magistra






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