Rajesh Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26649 of 2016 Arising Out of PS.Case No. -313 Year- 2014 Thana -WAJIRGANJ District- GAYA ======================================================

1. Rajesh Yadav

2. Shankar Yadav Both sons of Narayan Yadav, Residents of village - Nakati Mahaugain, P.S. - Wazirganj, District - Gaya.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : M/s Surendra Kumar Mishra and Rajani Kant Singh, Advocates For the State : Mr. Sri Sadanand Paswan, Spl. PP ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 15-07-2016 Heard learned counsel for the petitioners and the State.

The petitioners seek bail in a case registered for offences punishable under Sections 341, 323, 504/34 of the Indian Penal Code and 3(i) (x) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as 'the SC /ST Act').

It is contended on behalf of the petitioners that unfortunately second time these petitioners have been made accused as on earlier occasion also a case was also lodged by the daughter of the informant, namely, Muni Devi under SC/ST

Patna High Court Cr.Misc. No.26649 of 2016 (2) dt.15-07-2016 2/2 Act being SC/ST P.S. Case No. 57 of 2014. The petitioners were granted anticipatory bail by Special Judge SC/ST, Gaya itself in the aforesaid case. Again a case has been lodged by the informant against the petitioners in which allegations of assault and abusing by calling caste name have been made. It is contended that chargesheet has already been submitted under Section 3(i) (x) of SC/ST Act along with other sections for offences punishable under the Indian Penal Code. His anticipatory bail application was disposed of by a coordinate Bench of this Court directing the court below to consider the prayer for regular bail of the petitioners, if they surrender within a period of six weeks. However, bail application has been rejected by the court below.

Petitioner is stated to be in custody since 15.6.2016. Having regard to the facts and circumstances of the case, the petitioners , namely, Rajesh Yadav and Shankar Yadav are directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Special Judge SC/ST, Gaya in connection with Wazirganj P.S. Case No. 313 of 2014. (Dr.