Buchi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1001 of 2019 Arising Out of PS. Case No.-11 Year-2019 Thana- BHAGWANGANJ District- Patna ====================================================== 1.

BUCHI YADAV Son of Vishwanath Yadav Resident of Village - Murgia Chak, P.S.- Bhagwanganj, Distt.- Patna.

2.

Hulas Yadav Son of Jharga Yadav Resident of Village - Murgia Chak, P.S.- Bhagwanganj, Distt.- Patna.

3.

Tuntun Kumar @ Tanu Kumar Son of Vinya Yadav Resident of Village - Murgia Chak, P.S.- Bhagwanganj, Distt.- Patna. 4.

Vijay Yadav Son of Late Jang Bahadura Yadav Resident of Village - Murgia Chak, P.S.- Bhagwanganj, Distt.- Patna.

5.

Lal Babu Yadav Son of Jaga Yadav Resident of Village - Murgia Chak, P.S.- Bhagwanganj, Distt.- Patna.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Ajay Kumar Sinha, Advocate For the Respondent/s :

Mr.Usha Kumari 1,, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 09-04-2019 Heard the parties.

The appellants seek anticipatory bail in connection with A.B.P. No. 1163 of 2019 in Special Case No. 49 of 2019 arising out of Bhagwanganj P.S.Case No. 11 of 2019, registered for offences punishable under Sections 341, 323, 504/34 of the Indian Penal Code and also Under Section 3 (2) (v) (r) of SC/ST Act.

Patna High Court CR. APP (SJ) No.1001 of 2019 dt.09-04-2019 2/3 The allegation as per the F.I.R. against the appellants is of abusing and assaulting the complainant and his mother with fist ad slaps, causing injuries.

Submission of the learned counsel for the appellants is that as a matter of fact, the informant is selling toddy in front of the house of the appellants, which was objected and as such the present case has been lodged and all the Sections of Indian Penal Code are bailable and no specific allegation have been mentioned. It is further submitted that the appellants have no criminal antecedents.

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 Special Judge, SC/ST Act, Patna in connection with Special Case No. 49 of 2019 arising out of Bhagwanganj P.S.Case No. 11 of 2019, subject to condition as laid down under Section 438 of CR.P.C.

Patna High Court CR. APP (SJ) No.1001 of 2019 dt.09-04-2019 3/3 With the aforesaid direction, this appeal is allowed and the impugned order is set aside.

(Vinod Kumar Sinha, J) sudha/- AFR/NAFR NAFR CAV DATE NA Uploading Date 11.04.2019 Transmission Date 11.04.2019