Sukhdeo @ Sukhen Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3252 of 2018 Arising Out of PS. Case No.-12 Year-2018 Thana- SC/ST District- Madhepura ======================================================

1. Sukhdeo @ Sukhen Yadav,

2. Krish @ Krishna Yadav, null

3. Mithilesh Yadav, No. 1 to 3 are sons of Jagdish Yadav,

4. Lalan Yadav, Son of Lakhandeo Yadav.

5. Barun Yadav, Son of Shankar Yadav, All resident of Village- Madanpur Ward No. 13, Police Station + District- Madhepura. ... ... Appellant/s

Versus

The State of Bihar.

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

For the Appellant/s :

Mr.Arjun Kumar For the Respondent/s :

Mr.Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-01-2019 Heard the parties.

The appellants are apprehending their arrest in connection with Madhepura P.S.Case No.12 of 2018 , registered for offences punishable under Sections 341, 323, 427, 354, 379, 504/34 of the Indian Penal Code and Section 3(i)(w), 3(i)(s) & 3(2)(va)of S.C./S.T. (Prevention of Atrocities) Act. Allegation against the appellants is that they came over the land of the informant on which he was making construction and abused by taking caste name and also assaulted by fists and slaps.

Submission of the learned counsel for the appellants is that no specific allegation has been attributed of taking caste

Patna High Court CR. APP (SJ) No.3252 of 2018(5) dt.08-01-2019 2/2 name or of assault and there is land dispute between the parties. Heard learned A.P.P. and the learned counsel for the appellants. They have opposed the prayer for bail.. Having heard both sides and in view of the facts and circumstances, as stated above, let the appellants, above named, surrender before the court below within a period of six weeks from the date of order and on surrender they will be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge First , Madhepura in connection with Madhepura SC/ST Case No.12 of 2018 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

Accordingly, this appeal is allowed and the impugned order dated 26.7.2018 is set aside.

(Vinod Kumar Sinha, J) chn/- U T