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Patna High CourtCR. APP (SJ)/681/2018allowed

Indradeo Yadav And ORS v. The State Of Bihar

2018-03-15Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.681 of 2018 Arising Out of PS.Case No. -106 Year- 2017 Thana -SHIVSAGAR District- SASARAM (ROHTAS) ======================================================

1. Indradeo Yadav, S/o Late Saraju Yadav,

2. Lalu Yadav S/o Indradeo Yadav,

3. Abhishek Yadav @ Jatul Yadav S/o Baijnath Yadav, All R/o VillagePathak Semari, P.S.- Sheosagar (Baddi), District- Rohtas at Sasaram. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Rajani Kant Pandey, Adv. For the Respondent/s : Mr. Binay Krishna, SPP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-03-2018 Heard learned counsel for the parties.

This is an appeal under Sections 14(A)(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, against refusal of the prayer for anticipatory bail by the learned 1st Additional Sessions Judge, Rohtas at Sasaram in connection with Sheosagar (Baddi) P.S.Case No. 106 of 2017 registered under Sections 341,323,435,307,34 of the Indian Penal Code as well as under Sections 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes Act. There is general and omnibus allegation of commission of abuse and assault by taking caste name of the informant.

Specific allegation of putting the Hut of the

Patna High Court CR. APP (SJ) No.681 of 2018 (2) dt.15-03-2018 informant on fire is against co-accused Dindayal. Considering the general and omnibus nature of allegation, 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 anticipatory bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of 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. Accordingly, this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- U T