Ram Pukar Yadav @ Pukar Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.68 of 2019 Arising Out of PS. Case No.-179 Year-2017 Thana- SAHIYARA District- Sitamarhi ======================================================

1. Ram Pukar Yadav @ Pukar Yadav and Anr Son of Guddar Yadav

2. Devendra yadav Son of Ram Pukar yadav. Both Resident of Village- Dihthi, P.S. - Sahiyara, District- Sitamarhi ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Sanjay Kumar For the Respondent/s :

Mr.Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 25-01-2019 By way of this memo of appeal,preferred under Section 14(A) of the Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act, 1989, appellants seek for setting aside the order dated 10.12.2018 passed in 30.11.2018 for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 504, 506, 379 of the Indian Penal Code and Section 3(i)(r)(s) of SC/ST Act by the learned 1st Additional Sessions Judge cum Special Judge (SC./ST Act) Sitamarhi whereby and where-under, the appellant's application for grant of anticipatory bail has been rejected. Allegation against the appellants and several accused persons is of abusing the informant by caste name and also assaulted them.

Submission of the learned counsel for the appellant is that there is general and omnibus allegation against them and moreover after investigation the police has submitted final form not finding the case true against them and the cognizance has been taken against them. Heard learned Special P.P. also.

Patna High Court CR. APP (SJ) No.68 of 2019 dt.25-01-2019 2/2 Having heard both sides, considering the facts and circumstances of the case, this appeal is allowed and the impugned order is set aside, let the appellant, above named, in the event of his arrest or surrender before the learned spl. judge within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Sri Virendra Pratap Singh, 1st Additional Secession Judge cum Special Judge (SC/ST Act) Sitamarhi in connection with ABP No.1894 of 2018/ 1495 of 2018 arising out of Sahiyara P.S.Case No.179 of 2017 subject to condition as laid down under Section 438 of Cr.P.C.

(Vinod Kumar Sinha, J) chn/- AFR/NAFR NAFR CAV DATE NA Uploading Date 28.1.2019 Transmission Date 28.1.2019