Pintu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.429 of 2020 Arising Out of PS. Case No.-73 Year-2019 Thana- KATORIYA District- Banka ====================================================== 1.

Tiga Yadav S/o Late Khublal Yadav 2.

Arun Yaav S/o Tiga Yadav Both Resident of Village- Tindobha, P.S.- Katoria, Distt- Banka. ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== WITH CRIMINAL APPEAL (SJ) No. 308 of 2020 Arising Out of PS. Case No.-73 Year-2019 Thana- KATORIYA District- Banka ====================================================== Pintu Yadav Son of Late Ramdhani Yadav Resident of Village - Tindobha, P.S.- Katoriya, District- Banka ... ... Appellant/s

Versus

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

(In CRIMINAL APPEAL (SJ) No. 429 of 2020) For the Appellant/s :

Mr. Ajay Mukherjee, Advocate For the Respondent/s :

Mr. Binay Krishna, SPP (In CRIMINAL APPEAL (SJ) No. 308 of 2020) For the Appellant/s :

Mr.Brij Nandad Prasad, Advocate For the Respondent/s :

Mr.Sadanand Paswan, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 31-01-2020 Heard learned counsel for the parties.

Both these appeals, under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, against the refusal of prayer for anticipatory bail by the learned Additional Sessions Judge-I,

Patna High Court CR. APP (SJ) No.429 of 2020(2) dt.31-01-2020 2/3 Banka, in connection with Katoriya Police Station Case No.73 of 2019, registered under Sections 341/ 323 /504 /506 /307 / 147/148/149/379 of the Indian Penal Code and Sections 3(i) (r) (s)/13(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Submission is that co-accused Babloo Barnwal allegedly gave Tangi blow on the head of the informant, has already been allowed bail by a coordinate Bench of this Court. Considering the general and omnibus nature of allegation against the appellants, let the appellants, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the appellants shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellants.

The appellants shall not leave the country without

Patna High Court CR. APP (SJ) No.429 of 2020(2) dt.31-01-2020 3/3 permission of the trial Court.

Accordingly, the impugned order is set aside and the appeals are allowed.

(Birendra Kumar, J) Mkr./- U T