Ram Vijay Yadav @ Ram Vijay Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.26 of 2018 Arising Out of PS.Case No. -139 Year- 2017 Thana -ALOULI District- KHAGARIA ======================================================

1. Ram Vijay Yadav @ Ram Vijay Kumar Son of Buteli Yadav

2. Ram Babu Yadav Son of Buteli Yadav

3. Dipak Yadav @ Deepak Kumar Son of Buteli Yadav All are Resident of village- Sahasi, P.S.- Alauli, District- Khagaria .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Praveen Kumar Agrawal, Adv. For the Respondent/s : Mr. Sri Sadanand Paswan, SPP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 12-03-2018 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 Additional Sessions Judge-1st -cumSpecial Judge, Khagaria in connection with Alouli P.S.Case No. 139 of 2017 registered under Sections 341, 323, 447, 307, 504, 506/34 of the Indian Penal Code as well as under Sections 3(1) (R), 3(2) (VA) of the Scheduled Castes and Scheduled Tribes Act.

The specific allegation of taking caste name of the informant and abuse is against other named co-accused persons. There is general and omnibus allegation against the

Patna High Court CR. APP (SJ) No.26 of 2018 (5) dt.12-03-2018 appellants that they were also present at the time of occurrence, armed with Lathi.

Considering the general and omnibus nature of allegation, let the appellants, above named, in the event of their 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) 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 conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as 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 bond of the appellants. Accordingly, this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- U T