Rajesh Yadav @ Dolaha Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3694 of 2018 Arising Out of PS. Case No.-66 Year-2018 Thana- CHANAN District- Lakhisarai ====================================================== Rajesh Yadav @ Dolaha Yadav, S/o Ramjeet Yadav, R/o Maliya, P.S.- Chanan District- Lakhisarai.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Satya Prakash Parasar For the Respondent/s :

Smt. Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 11-12-2018 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail vide order dated 25.07.2018 passed by the learned Additional Sessions Judge-1st, Lakhisarai in A.B.P. No.364 of 2018, arising out of Chanan Police Station Case No.66 of 2018 registered under Sections 341, 323, 307 of the Indian Penal Code and Sections 3 (I) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

The occurrence of assault took place for trivial dispute arising out of a vehicle parked on the road,

Patna High Court CR. APP (SJ) No.3694 of 2018 dt.11-12-2018 2/2 causing inconvenience to the informant to move on. Appellant has stated on oath that he has got no criminal antecedent. Considering the general and omnibus nature of allegation as well as background of allegation, let the appellant, above named, in the event of his 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 bond of Rs.20,000/- (Rupees Twenty Thousand) 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 conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the appellant shall fully co-operate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant.

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

(Birendra Kumar, J) abhishek/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 12.12.2018 Transmission Date 12.12.2018