Ramadhar Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.974 of 2019 Arising Out of PS. Case No.-20 Year-2018 Thana- DHIBRA District- Aurangabad ====================================================== 1.

RAMADHAR YADAV AND ORS Son of Munnarik Yadav 2.

Satyendra Yadav Son of Kuldeep Yadav 3.

Shyam Narayan Yadav Son of Rajdeo Yadav All resident of Village - Kewlaha, P.S.- Dhibra, Distt.- Aurangabad. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Rajendra Singh For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 05-04-2019 Heard the parties.

The appellants are apprehending their arrest in connection with Dhibra P.S.Case No.20 of 2018 dated 23.11.2018 , registered for offences punishable under Sections 341, 323, 304, 307,427, 504/34 of the Indian Penal Code and Section 3(1) (r)/3(1)(3)/3(2)(v) of SC/ST (Prevention of Atrocities) Act. Allegation against the appellants is of coming over the land in dispute , damaging the tomato crops also, abusing by caste name and also assaulting the informant.

Submission of the learned counsel for the appellants is that no specific allegation has been levelled against any of the appellants. There is land dispute between the parties and for the same occurrences, two cases have been filed - one is the present case and the another is the Dhibra P.S.Case No.19 of 2018.

Patna High Court CR. APP (SJ) No.974 of 2019 dt.05-04-2019 2/2 Heard learned Spl.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the appellants, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Addl. Sessions Judgecum-Special Judge (SC/ST) , Aurangabad in connection with Dhibra P.S.Case No.20 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With the aforesaid observation, this appeal is allowed and the impugned order is set aside.

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