Ravindra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3548 of 2017 Arising Out of PS.Case No. -176 Year- 2012 Thana -BAHADURPUR District- DARBHANGA ======================================================
1. Ravindra Yadav S/o Jaybir Yadav @ Jaybir R/o Village- Goughatta, P.S.- Bahadurpur, (Pator O.P.) , District- Darbhanga. .... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Kedar Jha, Adv. For the Respondent/s : Mr. Binay Krishna, SPP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-03-2018 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 anticipatory bail by the learned 3rd Additional Sessions Judge, Darbhanga in connection with Bahadurpur (Pator O.P.) P.S.Case No. 176 of (G.R.No.1970 of 2012) registered under Sections 147,323,354,436 of the Indian Penal Code as well as under Sections 3(1)(x) of the Scheduled Castes and Scheduled Tribes Act.
A bare perusal of the FIR does not reveal that the allegation of any offence under the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is made out for this purpose. There is general and omnibus allegation of commission of assault and theft as well as mischief.
Patna High Court CR. APP (SJ) No.3548 of 2017 (5) dt.06-03-2018 Considering the aforesaid fact, let the appellant, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) 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 conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the appellant 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 appellant.
Accordingly, this appeal stands allowed.
(Birendra Kumar, J) Nitesh/- U T