Bipin Yadav And ANR v. The State Of Bihar

Patna High Court CR. APP (SJ) No.3291 of 2017 (5) dt.28-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3291 of 2017 Arising Out of PS.Case No. -55 Year- 2017 Thana -AKBARPUR District- NAWADA ======================================================

1. Bipin Yadav, Son of Amirak Yadav,

2. Rajendra Yadav, Son of Late Prasadi Yadav, Both resident of VillageParto Karhari, P.S.- Akbarpur, District- Nawada. .... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Devendra Prasad Singh For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-02-2018 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail by the learned A.D.J. 1st, Nawada in Akbarpur P.S. Case No. 55/2017 registered under Sections 147, 149, 341, 323, 294, 354 of the Indian Penal Code as well as Sections 3(1)(r) of the SC/ST Act.

It appears that having similar allegation co-accused Sanjay Yadav has been allowed anticipatory bail by this Court in Cr. Appeal (SJ) No. 122 of 2018.

Hence, the appellants, above named, in the event of their arrest or surrender before the Court below within a period of

Patna High Court CR. APP (SJ) No.3291 of 2017 (5) dt.28-02-2018 thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (rupees 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, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the appellants shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellants. Accordingly, this appeal stands allowed.

(Birendra Kumar, J) Rakhi U