Angad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3163 of 2021 Arising Out of PS. Case No.-79 Year-2017 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== 1.

ANGAD YADAV S/O Hridaya Narayan Singh R/o Village - Bare, P.S. - Bhabua, District Kaimur at Bhabua.

2.

Kundan Singh @ Kundan Kumar @ Rohit Kumar S/O Bramhdayal singh R/o Village - Bare, P.S. - Bhabua, District Kaimur at Bhabua. ... ... Appellant/s

Versus

1.

The State of Bihar.

2.

Bharat Bhushan Prasad S/o Bhagwan Das (D.T.O. Bhabhua). R/o Village - Pirdamadiya, P.S.- Malsalami, District - Patna. ... ... Respondent/s ====================================================== Appearance :

For the Appellants :

Mr. Tribhuwan Narayan, Advocate For the State :

Mr. Sadanand Paswan, Special P.P.

For Res. No.2 :

Mr. Ranjay Kumar Patel, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-10-2022 Heard learned counsel for the appellants, learned Special Public Prosecutor for the State and learned counsel appearing on behalf of the informant.

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 of anticipatory bail vide order dated 11.06.2021, passed by learned Additional District & Sessions Judge, 1st-cum-Special Judge, Kaimur at Bhabua in connection with Bhabua P.S. Case No.79 of 2017, registered under Sections 353, 504, 506 and 34 of the Indian Penal Code and Sections 3

Patna High Court CR. APP (SJ) No.3163 of 2021(3) dt.17-10-2022 2/3

(1) (x) of the SC/ST Act.

Learned counsel for the appellants submits that the appellants are innocent and have falsely been implicated in the present case. It is further submitted that the appellants have got no criminal antecedent as stated in paragraph-3 of the memo of appeal. It is submitted that the matter has been compromised between the parties.

The fact of compromise between the parties is not denied by learned counsel for the informant.

Learned Special P.P. for the State opposed the prayer for anticipatory bail of the appellants.

Having considered the fact that the matter has been compromised between the parties, let appellants, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be released on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge, 1stcum-Special Judge, Kaimur at Bhabua in connection with Bhabua P.S. Case No.79 of 20, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Accordingly, the impugned order is set aside and this

Patna High Court CR. APP (SJ) No.3163 of 2021(3) dt.17-10-2022 3/3 appeal is allowed.

(Anjani Kumar Sharan, J) Sanjay/- U T