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Patna High CourtCR. APP (SJ)/2774/2018allowed

Vinay Yadav And ANR v. The State Of Bihar

2018-08-13Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2774 of 2018 Arising Out of PS. Case No.-45 Year-2016 Thana- AKBARPUR District- Nawada ======================================================

1. Vinay Yadav, Son of Ramsrup Yadav,

2. Dharmendra Yadav, Son of Dasrath Yadav, Both are resident of Village- Nanhu Bigha, P.S.- Akbarpur, District- Nawada. ... ... Appellant/s

Versus

The State of Bihar.

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

For the Appellant/s :

Mr. Sheo Kumar Prasad For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 13-08-2018 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for regular bail vide order dated 06.07.2018 passed by the learned Additional Sessions Judge-1stcum-Special Judge, Nawada in Spl(H) Case No.554 of 2017, arising out of Akbarpur Police Station Case No.45 of 2016 registered under Sections 147, 148, 149, 341, 323, 504, 307 of the Indian Penal Code as well as Section 27 of the Arms Act and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Patna High Court CR. APP (SJ) No.2774 of 2018 dt.13-08-2018 2/2 The allegation of commission of abuse and assault is general and omnibus against the appellants and others. The appellants have stated on oath that they have got no criminal antecedent.

Considering the aforesaid facts, let the appellants, above named, be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with the aforesaid case, subject to the condition that 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 bonds of the appellants.

Accordingly, the impugned order is set aside and this appeal stands allowed.

(Birendra Kumar, J) abhishek/- AFR/NAFR CAV DATE Uploading Date Transmission Date