Niranjan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1219 of 2019 Arising Out of PS. Case No.-199 Year-2016 Thana- JAGDISHPUR District- Bhagalpur ====================================================== 1.

Niranjan Yadav, Son of Chottan Yadav 2.

Budli Yadav @ Sanjay Yadav Son of Late Manilal Yadav @ Mani Yadav 3.

Chhotan Yadav, Son of Late Sitali Yadav 4.

Sushil Prasad Yadav @ Sappo Yadav Son of Late Manilal Yadav @ Mani Yadav 5.

Budddhan Yadav Son of Late Kuleshwar Yadav 6.

Indradeo Yadav, Son of Late Kuleshwar Yadav All are resident of Village - Kola Narayanpur, P.S.- Jagdishpur, District - Bhagalpur.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Ranjan Kumar Jha For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 02-04-2019 This is an appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer of anticipatory bail dated 29.11.2018 passed by the learned 3rd Addl. District and Sessions Judge, Bhagalpur in ABP No. 2650 of 2018 arising out of Jagdishpur P.S.Case No. 199 of 2016 registered under Sections 323, 341, 354 and 504/34 of the Indian penal Code and Sections 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Patna High Court CR. APP (SJ) No.1219 of 2019 dt.02-04-2019 2/3 Allegation against the appellants, six in numbers, is of abusing and assaulting the informant and trying to disrobe the informant.

Submission of learned counsel for the appellants is that allegations are general and omnibus in nature and case has been lodged at the instance of Mukhia who got the land of the appellants mutated in the name of others for which a case has been filed before the Deputy Collector Land Reforms which has been decided in favour of the appellants, which will appear from Annexure-2.

Heard learned Spl. P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the appellants, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned 3rd Addl. District and Sessions Judge, Bhagalpur in ABP No. 2650 of 2018 arising out of Jagdishpur P.S.Case No. 199 of 2016; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. APP (SJ) No.1219 of 2019 dt.02-04-2019 3/3 Accordingly, the appeal is allowed and the impugned order is set aside with respect to them.

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