Ramanand Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1681 of 2018 In Criminal Miscellaneous No.24949 of 2018 Arising Out of PS. Case No.-82 Year-2017 Thana- BARABAR TOURIST District- Jehanabad ====================================================== Ramanand Yadav, S/o Basudeo Yadav, R/o Village- Upadhyay Bigha, P.S.- Barabar (Paryatak), Bisunganj - Out Post, District - Jehanabad. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Kiran Sinha For the Respondent/s :

Mr. Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 17-07-2018 Heard learned counsel for the parties.

This is an appeal under Section 14 A 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 vide order dated 26.02.2018 passed by the learned Additional Sessions Judge-1st, Jehanabad, in A.B.P. No.203 of 2018, arising out of Barabar Tourism (Bisunganj O.P.) Police Station Case No.82 of 2017 registered under Sections 341, 323, 504, 506, 326, 386, 307/34 of the Indian Penal Code and Section 27 of the Arms Act as well as Section 3 (2) (VA) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2016.

Uday Yadav, son of the present appellant had lodged a case under Section 302 of the Indian Penal Code against the son of the informant vide Makhdumpur Police Station Case No.21 of 2016 at

Patna High Court CR. APP (SJ) No.1681 of 2018 dt.17-07-2018 2/2 Annexure-2. Thereafter, the present F.I.R. has been lodged with allegation against Uday Yadav to have caused firearm injury to the son of the informant. The appellant was also there. Considering the background of allegation and the fact that there is no overt act alleged against the appellant, let the appellant, above named, in the event of his arrest or surrender before the court below within a period of 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) 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 conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the appellant shall fully co-operate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant. Accordingly, the impugned order is set aside and this appeal stands allowed.

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