Bipin Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3390 of 2018 Arising Out of PS. Case No.-210 Year-2018 Thana- RAJAON District- Banka ======================================================

1. Bipin Yadav S/o Ganga Yadav,

2. Mukesh Yadav S/o Sargun Yadav,

3. Niranjan Yadav S/o Late Prasadi Yadav,

4. Dhananjay Yadav S/o Late Prasadi Yadav,

5. Jitendra Sah S/o Naresh Sah,

6. Ganga Yadav S/o Minti Yadav, All are R/o Vill.- Khiddi, P.S.- Rajoun, District- Banka.

... ... Appellants

Versus

The State Of Bihar ... ... Respondent ====================================================== Appearance :

For the Appellant/s :

Mr.Rajive Ranjan Singh For the Respondent/s :

Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 22-01-2019 This appeal is for grant of pre-arrest bail to the appellants against the order dated 26.7.2018 passed by Additional Sessions Judge-I, Banka in ABP No. 782 of 2018 by which learned Sessions Judge has rejected prayer for pre-arrest bail of the appellants, who are made accused in Rajoun P.S.Case No. 210 of 2018 registered under Sections 341, 323, 427, 448, 504/34 of the Indian Penal Code and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Allegation against the appellants is that they entered inside the house of the informant, abused him and broken his house. Submission of learned counsel for the appellants is that no specific allegation has been attributed against any of the appellants and seven persons have been named in the FIR and there is land dispute between the parties.

Patna High Court CR. APP (SJ) No.3390 of 2018 dt.22-01-2019 2/2 Heard learned Special P.P.

Having heard both sides and in the facts and circumstances, let the appellants, named above, be released on bail, in the event of arrest or surrender, on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-I, Banka, in connection with Rajoun P.S.Case No. 210 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. and one of the bailors of the appellants shall be a local person, having sufficient immoveable properties within the jurisdiction of court concerned. Accordingly, the appeal is allowed and the impugned order dated 26.7.2018 is set aside.

(Vinod Kumar Sinha, J) spal/- AFR/NAFR CAV DATE Uploading Date Transmission Date