Rajesh Kumar @ Ranje Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3886 of 2018 Arising Out of PS. Case No.-186 Year-2017 Thana- SALIMPUR District- Patna ====================================================== Rajesh Kumar @ Ranje Yadav, aged about 25 years, S/o Karu Yadav, resident of Village- Salimpur Yadav Patti, South Tola, P.S. Salimpur, District Patna. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Tilak Sao, Adv For the Respondent/s :

Mr. Smt Usha Kumari No-1,SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 14-12-2018 Heard learned counsel for the parties.

This is an appeal under Sections 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, against refusal of the prayer for anticipatory bail by order dated 11.09.2018 in A.B.P. No.5930 of 2018, Salimpur P.S.Case No.186 of 2017 passed by the learned Special Judge, SC/ST Patna registered under Sections 147, 148, 143, 149, 341, 323, 307, 504 of the Indian Penal Code as well as under Sections 3(1), 3(1)(r) of the Scheduled Castes and Scheduled Tribes Act.

Allegation is general and omnibus against 20 person. Specific allegation against the appellant is of commission of abuse by taking caste name of the

Patna High Court CR. APP (SJ) No.3886 of 2018 dt.14-12-2018 2/2 appellant. Appellant has stated on oath that he has got no criminal antecedent.

Considering the facts of this case and the fact that the main allegation is general and omnibus, let the appellant, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) with two sureties of the like amount each to the satisfaction of 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 and further the appellant 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 appellant. Accordingly, the impugned order is set aside and this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 15.12.2018 Transmission Date 15.12.2018