Loknath Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3294 of 2019 Arising Out of PS. Case No.-134 Year-2017 Thana- KONCH District- Gaya ====================================================== 1.

Loknath Yadav Son of Vimal Yadav Resident of Village - Mithapur, P.S.- Konch, Distt - Gaya.

2.

Dhananjay Yadav Son of Loknath Yadav Resident of Village - Mithapur, P.S.- Konch, Distt - Gaya.

... ... Appellant/s

Versus

1.

The State Of Bihar 2.

Vishwanath Paswan@Avinash Ram s/o-Baleshwar Paswan R/O VillageMithapur P.S.-Konch District-Gaya ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Lilawati Singh For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-12-2019 Heard learned counsel for the parties.

This appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been directed against the order dated 24.06.2017 passed by the learned Exclusive Special Judge, S.C./S.T. Gaya in connection with Konch P.S. Case No. 134 of 2017, registered under Sections 341, 323, 406, 504, 506 and 34 of the Indian Penal Code and Section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Learned counsel appearing for the appellants submits that the appellants are innocent and have falsely been implicated

Patna High Court CR. APP (SJ) No.3294 of 2019(7) dt.18-12-2019 2/2 in the present case. Further submission is that there is general and omnibus allegation against the appellants and the appellants have paid the rest amount of Rs. 21,000/- vide demand draft no. 102158 dated 10.10.2019.

In the facts and circumstances of the case, let the above named appellants be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, S.C./S.T. Gaya in connection with Konch P.S. Case No. 134 of 2017 (Trial No. 267 of 2018) subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Accordingly, this appeal is allowed and the impugned judgment is set aside.

(Arvind Srivastava, J) S.Katyayan/- U T