Satendra Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3295 of 2018 Arising Out of PS. Case No.-172 Year-2018 Thana- PUNPUN District- Patna ======================================================

1. Satendra Yadav, Son of Late Deven Yadav @ Deoki Nandan Prasad,

2. Anil Yadav,

3. Sunil Yadav, Both Sons of Saryug Yadav,

4. Bhagwan Yadav, Son of Late Dukhan Yadav,

5. Rahul Kumar, Son of Radha Prasad @ Radhe Prasad, All resident of Village- Manorah, P.S.- Punpun, District- Patna. ... ... Appellant/s

Versus

The State of Bihar.

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

For the Appellant/s :

Mr. Vijay Kumar Singh For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 10-10-2018 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 vide order dated 21.07.2018 passed by the learned Special Judge SC/ST Act-cum-Additional Sessions Judge-Vth, Patna in A.B.P. No.5223 of 2018, arising out of Punpun Police Station Case No.172 of 2018 registered under Sections 147, 149, 341, 323, 504, 506, 427, 435 of the Indian Penal Code and Sections 3 (1) (r) (w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Patna High Court CR. APP (SJ) No.3295 of 2018 dt.10-10-2018 2/2 There is case and counter case. The allegation is against 15 named and unknown persons, general and omnibus that they committed abuse and assault. The appellants have stated on oath that they have got no criminal antecedent.

Considering the entire facts aforesaid, 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/- (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 conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the appellants shall fully co-operate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the appellants. Accordingly, the impugned order is set aside and this appeal stands allowed.

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