Ram Chandra Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1271 of 2018 Arising Out of PS.Case No. -260 Year- 2017 Thana -MADHUBANI TOWN DistrictMADHUBANI ===========================================================
1. Ram Chandra Yadav Son of Ram Babu Yadav
2. Pramod Yadav Son of Jauje Yadav
3. Sanjeev Yadav @ Sanjeev Kumar Son of Ram Ashish Yadav
4. Amit Yadav @ Amit Kumar Son of Ram Ashish Yadav
5. Shatrughan Yadav Son of Hazari Yadav
6. Ajay Yadav @ Ajay Kumar Son of Ganga Yadav
7. Vijay Yadav @ Vijay Kumar Son of Ganga Yadav All residents of Village Mahtha Sagar P.S. and District - Madhubani.
.... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Gagan Deo Yadav, Advocate For the Respondent/s : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 03-07-2018 Heard learned counsel for the parties.
This is an appeal under Section 14 (A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, (hereinafter referred to as the "S.C./S.T. Act") against the refusal of prayer for anticipatory bail vide order dated 28.02.2018 passed in A.B.P. No.1381 of 2017, by the learned 1st Addl. Sessions Judge, Madhubandi, in connection with Twon P.S. Case No.260 of 2017, registered under Sections 341, 323, 379, 354/34 of the Indian Penal Code and Section 3(i) (r) (w) (D) (ii) of the S.C./S.T. Act.
Patna High Court CR. APP (SJ) No.1271 of 2018 dt.03-07-2018 2/2 There is case and counter case and allegation is of commission of abuse and assault against both sides. Considering the aforesaid facts, especially the counter case, 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/- (rupees 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 and trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the appellants.
Accordingly, the impugned order is set aside and this appeal stands allowed.
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