Beni Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1738 of 2019 Arising Out of PS. Case No.-27 Year-2019 Thana- RAHUI District- Nalanda ====================================================== 1.

Beni Yadav Son of Raghuraj Yadav Resident of Village - Ora, P.S.- Rahui, District - Nalanda.

2.

Nitish Yadav @ Rakesh Kumar Son of Beni Yadav Resident of Village - Ora, P.S.- Rahui, District - Nalanda.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Pramod Kumar For the Respondent/s :

Mr. Binay Krishna (App 245) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 22-05-2019 Heard learned counsel for the appellants and learned Spl. P.P. for the State.

The appellants seek pre-arrest bail in connection with Rahui P.S. Case No. 27 of 2019 registered under Sections 147, 149, 504, 506, 302 of the Indian Penal Code and Section 3(i) (r) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Submission of learned counsel for the appellants is that appellants are innocent and have falsely been implicated due to village politics. The present case is the counter blast to the case lodged by the appellants' side against the brother of the informant, as evident from Annexure-2 to

Patna High Court CR. APP (SJ) No.1738 of 2019 dt.22-05-2019 2/2 the application. Further submission is that the postmortem examination, which was conducted on the same day, reveals that the time since death to be within 36 hours. Having heard both sides and in the facts and circumstances of the case, let the above named appellant be released on bail, in the event of arrest or surrender, on furnishing bail bonds of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the 1st Additional Sessions Judge-cum-Special Judge, SC/ST Act, Nalanda at Bihar Sharif in connection with Rahui P.S. Case No. 27 of 2019, subject to the conditions as laid down under section 438(2) of Cr. P.C.

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

(Arvind Srivastava, J) shailendra/- AFR/NAFR CAV DATE Uploading Date Transmission Date