Arvind Kumar @ Arvind Yadav @ Arbind Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1379 of 2018 Arising Out of PS.Case No. -78 Year- 2018 Thana -DEHRI TOWN District- SASARAM (ROHTAS) ===========================================================

1. Arvind Kumar @ Arvind Yadav @ Arbind Yadav,

2. Anil Kumar, Both 1 and 2 sons of Suresh Yadav@ Suresh Singh,

3. Bhola Yadav @ Bhola Kumar Yadav, Son of Late Alagu Yadav, All resident of Village- Pali, Ward No.-14, P.S.- Dehri Town, District- Rohtas at Sasaram. .... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Binod Kumar Pandey, Adv For the Respondent/s : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 30-05-2018 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, against refusal of the prayer for anticipatory bail by the learned 1st Additional District & Sessions Judge, Rohtas at Sasaram in connection with Dehri (T) P.S. Case No. 78/2018 registered under Sections 341, 323, 379, 504, 307, 353 and 506/34 of the Indian Penal Code as well as Sections 3(i)(r)(s) of the SC/ST Act. There is general and omnibus allegation of commission of abuse and assault by taking caste name of the informant against six persons named in the F.I.R. There is counter case also vide Annexure-2.

Patna High Court CR. APP (SJ) No.1379 of 2018 dt.30-05-2018 Considering the general and omnibus nature of allegation and the background of the allegation, let the appellants, above named, in the event of their 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) 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, the impugned order is set aside and the appeal stands allowed.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 31.05.2018 Transmission Date 31.05.2018