Pramod Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3840 of 2018 Arising Out of PS. Case No.-316 Year-2017 Thana- MURLIGANJ District- Madhepura ======================================================

1. Pramod Yadav

2. Amod Yadav Both Sons of Sri Jai Narayan Yadav

3. Jai Narayan Yadav Son of Late Sanichar Yadav All Resident of Village-Parmanandpur,P.S.-Murliganj, Distt.-Madhepura ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Arpana Kumari For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 13-12-2018 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 12.09.2018 passed by the learned 1st Additional Sessions Judgecum-Special Judge SC/ST Act, Madhepura in A.B.P. No.798 of 2018, arising out of Murliganj Police Station Case No.316 of 2017 registered under Sections 341, 323, 354, 504, 379, 506 of the Indian Penal Code and Sections 3 (i)(r)(w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Both sides are neighbours. There is case and counter case for trivial dispute arising out of throwing garbage by the

Patna High Court CR. APP (SJ) No.3840 of 2018 dt.13-12-2018 2/2 children of the family. Appellants have got no criminal antecedent. Most of the offences of the Indian Penal Code alleged against the appellants are bailable.

Considering the aforesaid facts, 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/- (Rupees 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 conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the appellants shall fully co-operate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the appellants.

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 15.12.2018 Transmission Date 15.12.2018