Dhanai Yadav @ Ravindra Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2820 of 2018 Arising Out of PS.Case No. -13 Year- 2018 Thana -LAURIYA DistrictWESTCHAMPARAN(BETTIAH) ===========================================================

1. Dhanai Yadav @ Ravindra Yadav

2. Shambhu Yadav Both are sons of Late Angad Yadav Resident of Village - Maullanagar, Police Station Lauriya, District West Champaran. .... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Sanjay Kumar No.7, Advocate For the Respondent/s : Mrs. Usha Kumari No.1, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 20-08-2018 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 against the refusal of prayer for bail vide order dated 05.06.2018 passed by the learned Additional Sessions Judge 1st -cum-Special Judge, Bettiah West Champaran, in connection with Lauriya Police Station Case No.13 of 2018, registered under Sections 341/323/324/379/435/504/34 of the Indian Penal Code and Sections 3(i)(g)(h)(II)(v)(a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

There is land dispute between the parties. There is case

Patna High Court CR. APP (SJ) No.2820 of 2018 dt.20-08-2018 P2/ and counter case. Specific allegation against appellant Dhanai Yadav @ Ravindra Yadav is of commission of injury with farsa at the head of the informant. The doctor has found simple lacerated would at the forehead. Appellant Shambhu Yadav allegedly assaulted with lathi. Learned counsel for the informant opposed the prayer for bail on the ground that five criminal cases are going on against the appellants.

Considering the nature of allegation, 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 the appellants shall fully cooperate with the investigation/trial of the case, 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 appeal is allowed.

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date21.08.2018 Transmission Date 21.08.2018