Bhuneshwar Yadav @ Bhuneshwar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.425 of 2020 Arising Out of PS. Case No.-423 Year-2018 Thana- BARH District- Patna ====================================================== BHUNESHWAR YADAV @ BHUNESHWAR RAI S/o Ram Chandra Yadav R/o village- Bhuapur, P.S.- Pandarak, District- Patna. At Present resident of village- Bhatgaon, P.S.- Barh, District- Patna ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Prem Kumar, Advocate For the Respondent/s :

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

This is an appeal 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 vide order dated 02.01.2019 by the learned Special Judge (S.C./S.T. Act)-cum- Additional Sessions JudgeIV, Patna, in A.B.P. No.9388 of 2018, arising out of Barh Police Station Case No.423 of 2018, registered under Sections 341/323/504/506/341 of the Indian Penal Code and Section 3(i) (r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

It appears that some of the co-accused have been allowed anticipatory bail by a coordinate Bench of this Court

Patna High Court CR. APP (SJ) No.425 of 2020(2) dt.31-01-2020 2/2 vide orders at Annexure-3 and 3/1.

Hence, let the appellant, above named, in the event of his 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) 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 appellant 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 appellant shall not leave the country without permission of the trial Court.

Accordingly, the impugned order is set aside and the appeal is allowed.

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