Ram Pravesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3367 of 2017 Arising Out of PS.Case No. -79 Year- 2017 Thana -PAKARIBARAW District- NAWADA ======================================================

1. Fantush Yadav, Son of Krishna Yadav,

2. Rajkumar Yadav, Son of Late Brahmdeo Yadav,

3. Rambilash Yadav, Son of Late Bramhdeo Yadav, null

4. Manoj Yadav, Son of Darbari Yadav, All resident of Village- Tirwa, Police Station- Pakaribarawan, District- Nawada. .... .... Appellant/s

Versus

The State of Bihar.

.... .... Respondent/s ====================================================== with Criminal Appeal (SJ) No.3368 of 2017 Arising Out of PS.Case No. -79 Year- 2017 Thana -PAKARIBARAW District- NAWADA ====================================================== Ram Pravesh Yadav, Son of Late Bramhdev Yadav, Resident of VillageTirwa, Police Station- Pakaribarawan, District- Nawada. .... .... Appellant/s

Versus

The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

(In CR. APP (SJ) No.3367 of 2017) For the Appellant/s : Mr. Rajeev Nayan For the Respondent/s : Mr. Smt Usha Kumari No-1 (In CR. APP (SJ) No.3368 of 2017) For the Appellant/s : Mr. Rajeev Nayan For the Respondent/s : Mr. Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 02-01-2018 Heard learned counsel for the parties.

This is an appeal under Sections 14-A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, against refusal of the prayer for regular bail by the learned Additional Sessions Judge I, Nawada (SC/ST

Patna High Court CR. APP (SJ) No.3367 of 2017 (3) dt.02-01-2018 2/3 Cases) in connection with Special (H) 261 of 2017 arising out of Pakribarawan P.S.Case No. 79 of 2017 registered under Sections 147, 148, 149, 341, 323, 324, 325, 307, 302 of the Indian Penal Code as well as under Sections 3(ii) (v) of the Scheduled Castes and Scheduled Tribes Act.

According to FIR, the appellant and other 18 bitterly assaulted to one Dinesh, as a result whereof, Dinesh died subsequently.

It appears that the co-accused-Karu Yadav has already been allowed regular bail by a Coordinate Bench of this Court on 17.10.2017 in Cr.Appeal (S.J.) No.2715 of 2017 and other co-accused, Jitendra Yadav has already been allowed regular bail by a Coordinate Bench of this Court on 12.12.2017 in Cr. Appeal (SJ) No.2794 of 2017. The appellant has stated on oath that he has got no criminal antecedent.

Learned counsel for the informant opposed the prayer for bail.

Considering the aforesaid facts, let all the appellants, above named, in both the Appeals, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) with each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Special (H) 261 of 2017 arising out of

Patna High Court CR. APP (SJ) No.3367 of 2017 (3) dt.02-01-2018 3/3 Pakribarawan P.S.Case No. 79 of 2017, subject to the condition that the appellants shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant.

Accordingly, this appeal stands allowed and the impugned order is set aside (Birendra Kumar, J) Sanjeev/- U T