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Patna High CourtCR. APP (SJ)/2030/2018allowed

Sanni Yadav @ Soni Yadav @ Soni Ydava @ Rakesh And ANR v. The State Of Bihar

2018-07-13Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2030 of 2018 Arising Out of PS.Case No. -170 Year- 2018 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ===========================================================

1. Sanni Yadav @ Soni Yadav @ Soni Ydava @ Rakesh, S/o- Yamuna Yadav.

2. Triveni Yadav @ Triveni Ydava @ Tengri Yadav, S/o- Late Maldhani Yadav, All resident of Village- Bahera, P.S.- Tilauthu, District- Rohtas. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Ashutosh Tripathy, Adv For the Respondent/s : Smt. Usha Kumari No.1, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 13-07-2018 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 bail by order dated 19.05.2018 by the learned Additional Sessions Judge-1, Rohtas at Sasaram, in connection with Registered Case No.27 of 2018 arising out of Sasaram (Tilauthu) Police Station Case No.170 of 2018 registered under Sections 147,148,149,323,324,307,379,504 of the Indian Penal Code and Section 3(1)(R)(S) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Appellants had approached this Court alongwith other accused for anticipatory bail in Cr.Appeal (SJ) No. 1320 of

Patna High Court CR. APP (SJ) No.2030 of 2018 dt.13-07-2018 2/2 2018. During pendency of appeal, they were arrested by the police. Therefore, prayer for anticipatory bail was dismissed as infructuous. Other accused were granted anticipatory bail on 03.07.2018 in the aforesaid case.

Considering the aforesaid factual position, let the appellants, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Courtbelow where the case is pending in connection with the aforesaid case, with condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further 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, the impugned order is set aside and this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date16.07.2018 Transmission Date 16.07.2018