Bhim Shankar Yadav @ Shiv Shankar Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.4536 of 2018 Arising Out of PS. Case No.-368 Year-2017 Thana- JAYNAGAR District- Madhubani ======================================================
1. Bhim Shankar Yadav @ Shiv Shankar Yadav son of Late Dev Narayan Yadav
2. Singheshwar Yadav @ Sindheshwar Yadav son of Late Dev Narayan Yadav
3. Maheshwar Yadav son of Late Dev Narayan Yadav
4. Sanjeev Kumar Yadav @ Sanjeev yadav son of Singheshwar Yadav @ Sindheshwar Yadav
5. Birendra Yadav son of Shiv Shankar Yadav @ Bhim Shankar Yadav
6. Rajiv Kumar Yadav son of Singheshwar Yadavg @ Sindheshwar Yadav all resident of village Kuadh, P.S. Jaynagar, District Madhubani. ... ... Appellant/s
Versus
The State Of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Gagan Deo Yadav For the Respondent/s :
Mr.Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 25-01-2019 By way of this memo of appeal,preferred under Section 14(A) of the Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act, 1989, appellants seek for setting aside the order dated 10.9.2018 passed in ABP No.156 of 2018for the offences punishable under Sections 147, 148, 149, 341, 323, 333, 353, 337, 307, of the Indian Penal Code and Section 3(i)(r) (s) of SC/ST Act by the learned Ist Additional Sessions Jduge cum Special Judge, Madhubani whereby and where-under, the appellant's application for grant of anticipatory bail has been rejected.
Patna High Court CR. APP (SJ) No.4536 of 2018 dt.25-01-2019 2/2 Allegation against the appellants and others six in number is that the scuffle was going on between the parties and when the police gone to pacify them both groups started assaulting the police party and several accused persons are named including the appellants.
Submission of the learned counsel for the appellants is that nothing specific has been attributed against them. Heard learned Special P.P. also.
Having heard both sides, considering the facts and circumstances of the case, this appeal is allowed and the impugned order is set aside, let the appellant, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Ist Addl. Sessions Judge cum Special Judge, Madhubani in connection with Jaynagar P.S.Case No.368 of 2017 dated 1.11.2017, subject to condition as laid down under Section 438 of Cr.P.C.
(Vinod Kumar Sinha, J) chn/- AFR/NAFR NAFR CAV DATE NA Uploading Date 28.1.2019 Transmission Date 28.1.2019