Bhuneshwar Yadav @ Buneshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.13 of 2021 Arising Out of PS. Case No.-127 Year-2017 Thana- GURARU District- Gaya ====================================================== 1.

BHUNESHWAR YADAV @ BUNESHWAR YADAV 2.

Rajendra Yadav 3.

Chotu Yadav All Son of Late Munarik Yadav.

All are Resident of Village- Ranapur, P.S.- Guraru, District- Gaya. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Kamal Kumar Sinha, Adv For the Respondent/s :

Mr.Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-03-2021 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 against the refusal of prayer for bail by order dated 14.09.2020 in B.P.No.214 of 2020 arising out of Guraru P.S.Case No.127 of 2017 passed by the learned Exclusive Judge, S.C./S.T., Gaya, registered under Sections 147, 148, 149, 447, 448, 427, 436, 429, 504, 506 of the Indian Penal Code, Section 27 of the Arms Act and Section 3(I)(R)(S) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The appellants are in custody since 05.09.2020. There is general and omnibus allegation of commission of assault and arson in the dwelling house.

Patna High Court CR. APP (SJ) No.13 of 2021(2) dt.03-03-2021 2/2 Submission is that land dispute is reason for false implication. Co-accused-Vishwanath Yadav has already been allowed bail by a Coordinate Bench of this Court in Cr. Appeal (SJ) No.945 of 2021. Investigation of the case is already complete.

Considering the facts aforesaid, let the appellants, above named, be released on bail on furnishing bail bond of Rs.20,000/- (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, with condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the appellants shall fully cooperate with the investigation/trial of the case and also the appellants shall not leave the country without permission of the learned Trial Court, failing which the court below shall be at liberty to cancel the bail bond of the appellants.

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

(Birendra Kumar, J) Nitesh/- U T