Ravindra Yadav @ Ravo And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2557 of 2018 Arising Out of PS. Case No.-56 Year-2017 Thana- SC/ST District- Saharsa ======================================================
1. Ravindra Yadav @ Ravo, Son of Buchchi Lal Yadav,
2. Raj Kishore Yadav @ Raj Kishore Yadab, Son of Buchchilal Yadav,
3. Raj Mohan Yadav, Son of Buchchilal Yadav,
4. Vikash Yadav @ Vikas Yadav, Son of Anmol Yadav
5. Anmol Yadav, Son of Late Ramji Yadav,
6. Subhash Yasdav @ Kari @ Kari Yadav, Son of Bindeshwari Yadav,
7. Sanjit Yadav, Son of Murari Yadav,
8. Bijli Yadav, Son of Kripal Yadav,
9. Satya Narayan @ Satya Narayan Yadav @ Gholat Yadav, Son of Late Tarni Yadav.
10. Bindeshwari Yadav, Son of Late Tarni Yadav. 11.Surendra Yadav @ Sundar Yadav, Son of Buchchi Lal Yadav,
12. Kripal Yadav, Son of Late Uttimlal Yadav, All resident of Village- Jhara, P.S.- Mahishi, District- Saharsa. ... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Amarnath Jha, Advocate For the Respondent/s :
Smt. Usha Kumari No-1, SPP-247 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 17-09-2018 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail vide order dated 11.06.2018 passed by the learned 1st Additional Sessions Judgecum-Special Judge-in-charge, Saharsa in A.B.P. No.324 of 2018, arising out of Saharsa S.C./S.T. Police Station Case No.56 of
Patna High Court CR. APP (SJ) No.2557 of 2018 dt.17-09-2018 2/3 2017 registered under Sections 147, 148, 341, 323, 354-A, 379, 384, 385, 448, 504, 506/34 of the Indian Penal Code and Section 3 (i)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
The allegation of commission of house trespass, abuse, assault and theft is general and omnibus against all the F.I.R. named accused persons, including the appellants. The appellants have stated on oath that they have got no criminal antecedent, save and except cases referred in para 3, which were lodged by the same informant or his family members.
Considering the general and omnibus nature of allegation, 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 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
Patna High Court CR. APP (SJ) No.2557 of 2018 dt.17-09-2018 3/3 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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