Ramesh Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2936 of 2018 Arising Out of PS.Case No. -15 Year- 2018 Thana -SC/ST District- SAHARSA ===========================================================

1. Ramesh Yadav, son of Ghoghay Yadav

2. Santosh Yadav

3. Rajeev Kumar Yadav

4. Baua Yadav

5. Suraj Yadav, serial nos. 2 to 5 are son of Ramesh Yadav, All are residents of Village- Kahara, Ward No- 6, P.S.+ District- Saharsa. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Sharda Nand Mishra, Advocate For the Respondent/s : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 31-08-2018 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 16.07.2018 passed by the learned 1st Additional Sessions Judge-cumSpecial Judge I/C., Saharsa, in A.B.P. No.602 of 2018, arising out of SC/ST Saharsa Police Station Case No.15 of 2018, registered under Sections 341/323/354A/379/384/385/448/504/506 of the Indian Penal Code and Sections 3(i)(r)(s)(u) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Patna High Court CR. APP (SJ) No.2936 of 2018 dt.31-08-2018 P2/ Considering the nature of allegation and the factum of compromise between the parties, 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 Date04.09.2018 Transmission Date 04.09.2018