Bandra Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3865 of 2018 Arising Out of PS. Case No.-117 Year-2017 Thana- DAUDNAGAR District- Aurangabad ======================================================

1. Bandra Yadav son of Late Bhaiya Ram Yadav,

2. Lal Deo Chandra Banshi son of Late Karmu Chandra Banshi,

3. Pankaj Kumar son of Late Shiv Pujan Yadav,

4. Umesh Yadav @ Umesh Kumar son of Late Gopal Yadav, All Resident of Village- Badhu Bigha, Ward Number- 15, Police Station- Daud Nagar, District- Aurangabad.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Anil Kumar, Adv For the Respondent/s :

Mr. Binay Krishna,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 10.07.2018 in Daud Nagar P.S.Case No.117of 2017 passed by the learned 1st Additional Sessions Judge-cum-Special Judge SC/ST, Aurangabad registered under Sections 341,323,504,34 of the Indian Penal Code and Sections 3(i)(x) of the Scheduled Castes and Scheduled Tribes Act.

For trivial dispute, as the Buffalo of the appellants entered into the house of the informant, the allegations, of the offences of Indian Penal Code, are

Patna High Court CR. APP (SJ) No.3865 of 2018 dt.14-12-2018 2/2 bailable. Appellants have stated on oath that they have got no criminal antecedent.

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 anticipatory bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) each 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 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 this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 17.12.2018 Transmission Date 17.12.2018