Mantu Yadav @ Chandeshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.437 of 2019 Arising Out of PS. Case No.-343 Year-2018 Thana- KOILWAR District- Bhojpur ====================================================== Mantu Yadav @ Chandeshwar Yadav, son of Nathuni Yadav @ Chandrasekhar Yadav, R/o Village - Birampur (Kritpur), P.S.- Koilwar, Distt - Bhojpur ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Ghanshyam Tiwary For the Respondent/s :

Mrs.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 11-03-2019 This is an appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer of anticipatory bail dated 11.12.2018 passed by the learned Additional District and Sessions Judge- 1st Bhojpur at Ara in ABP No. 2022 of 2018 arising out of SC/ST Case No. 212 of 2018 (Koilwar P.S.Case No. 343 of 2018 registered under Sections 307, 323, 341, 379, and 504/34 of the Indian penal Code and Sections 3(i)(r)(s) (i)/3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Allegation against the appellant is of he has assaulted the informant by iron rod causing injury on hand and also abused by caste name.

Submission of learned counsel for the appellant is that

Patna High Court CR. APP (SJ) No.437 of 2019 dt.11-03-2019 2/2 earlier to this case, a case has been lodged by the appellant's side against the informant and in order to save his skin, present false case has been lodged.

Heard learned Spl. P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the appellants, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge- 1st, Bhojpur at Ara in ABP No. 2022 of 2018 arising out of SC/ST Case No. 212 of 2018 (Koilwar P.S.Case No. 343 of 2018); subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

Accordingly, the appeal is allowed and the impugned order is set aside with respect to him.

(Vinod Kumar Sinha, J) sujit/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date