Jaychandra Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3017 of 2017 Arising Out of PS.Case No. -43 Year- 2016 Thana -SAUR BAZAR District- SAHARSA ======================================================

1. Jaychandra Yadav, son of Late Gore Lal Yadav,

2. Dinesh Yadav, son of Late Kundan Yadav,

3. Rambilan Kumar @ Rambilan Yadav, son of Bindeshwari Yadav, All are residents of Village- Khajuri, P.S. Saur Bazar (O.P.- Baijnathpur), District- Saharsa.

.... .... Appellant/s

Versus

1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Pankaj Kumar Sinha, Advocate For the Respondent/s : Smt Usha Kumari No-1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-03-2018 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 by the learned Additional Sessions Judge-I-cum-Special Judge, Saharsa, in connection with Saur Bazar Police Station Case No.43 of 2016 registered under Sections 147/148/149/341/323/324/307/504/506 of the Indian Penal Code and Sections 3(i) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. It appears that similarly situated co-accused Laxmeshwar Yadav and others have already been allowed anticipatory bail by a coordinate Bench of this Court in Cr. Appeal

Patna High Court CR. APP (SJ) No.3017 of 2017 (6) dt.29-03-2018 P2/ (SJ) No.1049 of 2017 vide Annexure-4.

Considering the aforesaid facts, 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./- U T