Mithu Yadav @ Mithilesh Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2885 of 2018 Arising Out of PS.Case No. -161 Year- 2017 Thana -PAKARIBARAW District- NAWADA ===========================================================
1. Mithu Yadav @ Mithilesh Yadav Son of Late Bundi Yadav
2. Prakash Yadav Son of Late Balchand Yadav
3. Sakendra Yadav son of Ganesh Yadav, All are resident of village-Badi Gulni, P.S. Dhamaul O.P., District- Nawada .... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Anuj Kumar, Advocate For the Respondent/s : Mrs. Usha Kumari, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 31-08-2018 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 anticipatory bail vide order dated 27.06.2018 passed by the learned Additional Sessions Judge-I, Nawada, in A.B.P. No. 924 of 2018, arising out of Pakaribarawan (Dhamaul) Police Station Case No. 161 of 2017, registered under Sections 147/148/149/341/323/307/353/504/506 of the Indian Penal Code and Section 3(i)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Considering the general and omnibus allegation against
Patna High Court CR. APP (SJ) No.2885 of 2018 dt.31-08-2018 P2/ 15-20 person of commission of abuse and assault, 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 bonds 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, 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/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 is allowed.
(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date04.09.2018 Transmission Date 04.09.2018