Shankar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3140 of 2018 Arising Out of PS. Case No.-185 Year-2018 Thana- BANKA District- Banka ====================================================== Shankar Yadav, son of Birju Yadav, resident of Village - Douna, P.S. Banka, District - Banka.
... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== with Criminal Appeal (SJ) No. 3207 of 2018 Arising Out of PS. Case No.-185 Year-2018 Thana- BANKA District- Banka ====================================================== Suresh Yadav, son of Late Kobi Yadav, resident of village-Dauna, P.S. Banka, District-Banka.
... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
(In Criminal Appeal (SJ) No. 3140 of 2018) For the Appellant/s :
Mr. Brij Nandad Prasad For the Respondent/s :
Smt Usha Kumari No-1 (In Criminal Appeal (SJ) No. 3207 of 2018) For the Appellant/s :
Mr. Brij Nandad Prasad For the Respondent/s :
Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 06-12-2018 Heard learned counsel for the parties.
These appeals are 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 21.07.2018 and 25.05.2018 in A.B.P. No. 733 of 2018 and A.B.P. No. 550 of 2018 passed by the learned 1st
Patna High Court CR. APP (SJ) No.3140 of 2018 dt.06-12-2018 2/3 Additional Sessions Judge-cum-Special Judge S.C./S.T. (POA) Act, Banka in connection with Banka P.S. Case No. 185 of 2018 registered under Sections 341, 323, 385, 379, 504/34 of the Indian Penal Code as well as Sections 3(1)(r) of the SC/ST Act. According to FIR, the appellants intercepted the informant on the way and snatched his money after commission of abuse and assault for the reason that the informant had not paid ransom to them already demanded.
Learned counsel for the appellants submits that appellants have got no criminal antecedent. False allegation is there for the reason that a simple altercation has taken place at the bus stand between the son of the informant and appellants and for that reason, the present false case was lodged. Since, no other eye witness has supported the allegation and the statement of some of the witnesses before the police is against the prosecution 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 anticipatory 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
Patna High Court CR. APP (SJ) No.3140 of 2018 dt.06-12-2018 3/3 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/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellants as well as condition that both the bailors shall be resident of the territorial jurisdiction of the learned court below. Accordingly, the impugned orders are set aside and these appeals stand allowed.
(Birendra Kumar, J) Kundan/Rajan AFR/NAFR N.A.
CAV DATE N.A.
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