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Patna High CourtCR. APP (SJ)/1987/2018allowed

Ajay Yadav And ORS v. The State Of Bihar

2018-08-09Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1987 of 2018 Arising Out of PS.Case No. -26 Year- 2018 Thana -SC/ST District- JEHANABAD ===========================================================

1. Ajay Yadav, Son of Shyam Yadav,

2. Fandi Yadav @ Pranay Kumar, Son of Ramesh Yadav @ Ramesh Prasad.

3. Jitu Yadav @ Jitnedra Yadav, Son of Khublal Yadav, All residents of VillageKakariya, P.S.- Makhdumpur, District- Jehanabad. .... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Umesh Kumar, Adv For the Respondent/s : Smt.Usha Kumari No.1,SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 09-08-2018 Heard learned counsel for the parties.

This is an appeal under Sections 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, against refusal of the prayer for anticipatory bail by order dated 21.05.2018 in A.B.P. No.696 of 2018 passed by the learned Addl. Sessions Judge-I, Jehanabad in connection with Jehanabad SC/ST P.S.Case No. 26 of 2018 registered under Sections 341,323,504,506,354/34 of the Indian Penal Code and Sections 3(i)(r)(s)3(2)(va) of the Scheduled Castes and Scheduled Tribes Act.

The offences of the Indian Penal Code alleged against the appellants are bailable. Appellants have got no criminal

Patna High Court CR. APP (SJ) No.1987 of 2018 dt.09-08-2018 2/2 antecedent.

Considering the aforesaid fact, 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 anticipatory bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of 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 and 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, 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/- AFR/NAFR NAFR CAV DATE NA Uploading Date10.08.2018 Transmission Date 10.08.2018