Manish Kumar @ Bhola Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2452 of 2018 Arising Out of PS.Case No. -30 Year- 2018 Thana -SALAIYA District- AURANGABAD ===========================================================

1. Manish Kumar @ Bhola Yadav, S/o Satyendra Yadav, Resident of VillageSonarchak Sonari Bigha, P.S.- Salaiya, District- Aurangabad.

2. Jagan Kumar, S/o Umesh Yadav, R/o Village- Khaira Manorath, P.S.- Kasma, District- Aurangabad.

.... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Dhirendra Kumar Sinha, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 16-08-2018 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 against the refusal of prayer for anticipatory bail vide order dated 11.06.2018 passed by the learned 1st Additional Sessions Judge-cumSpecial Judge (S.C./S.T. Act), Aurangabad, in Salaiya Police Station Case No.30 of 2018, registered under Sections 341/323/379/504/506/34 of the Indian Penal Code and Sections 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

There is case and counter case. Earlier case was lodged by the appellants' side. After one month of the case of the appellants,

Patna High Court CR. APP (SJ) No.2452 of 2018 dt.16-08-2018 P2/ the present FIR has been lodged with allegation that on the way the appellants intercepted the informant and committed abuse by taking caste name as well.

Considering the background and 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 bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the 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, the impugned order is set aside and the appeal is allowed.

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date18.08.2018 Transmission Date 18.08.2018