← Library
Patna High CourtCR. APP (SJ)/930/2019allowed

Yugal Kishore Yadav v. The State Of Bihar

2019-04-04Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.930 of 2019 Arising Out of PS. Case No.-4 Year-2017 Thana- SC/ST District- Buxar ======================================================

1. Yugal Kishore Yadav

2. Rajkishore Yadav @ Ayodhya Yadav

3. Ramesh Yadav

4. Musafir Yadav

5. Rakesh Yadav @ Rakesh Kumar Yadav @ Rampu Yadav

6. Pappu Yadav

7. Binod Yadav

8. Umesh Yadav

9. Ghongha Yadav @ Parmatma Yadav

10. Saroj Kumar Yadav

11. Jitendra Yadav ... ... Appellants/s

Versus

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

For the Appellant/s :

Mr.Babita Kumari For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 04-04-2019 Heard the parties.

The appellants seek anticipatory bail in connection with SC/ST (Buxar) P.S.Case No. 4 of 2017 , registered for offences punishable under Sections 147, 148, 354, 504, 506, 509 of the Indian Penal Code and Sections 3 (I) (b) (d) (f) (g) (r) (s) / 3 (b)/3 (2) (va) of the SC/ST ( Prevention of Atrocities)Act. The allegation as per the F.I.R. against the appellants is of demolishing the hut and other structure of the informant and

Patna High Court CR. APP (SJ) No.930 of 2019 dt.04-04-2019 2/3 others from the land for which Parcha has been given to the informant and others and also misbehaving with the female members and threatening them.

Submission of the learned counsel for the appellants is that as a matter of fact, land belongs to the appellants for which Title Suit filed by the informant, which has been dismissed without giving fresh liberty to file a fresh suit, which will appear from Annexure-3 and final form has been submitted. Learned Special P.P. opposes he prayer for bail. Heard learned Spl.P.P.

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 Additional Distric and Sessions Judge-i, Buxar-cum Special Judge passed in SC/ST ( Buxar) arising out of SC/ST Case No. 165 of 2017 arising out of SC/ST (Buxar) P.S.Case No. 4 of 2017, subject to condition as laid down under Section 438 of CR.P.C.

Patna High Court CR. APP (SJ) No.930 of 2019 dt.04-04-2019 3/3 With the aforesaid direction, this appeal is allowed and the impugned order is set aside.

sudha/- (Vinod Kumar Sinha, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 06.04.2019 Transmission Date 06.04.2019