Rajendra Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3386 of 2018 Arising Out of PS. Case No.-27 Year-2017 Thana- SC/ST District- Saran ====================================================== 1.

Rajendra Yadav, S/o Late Haraf Yadav, 2.

Anant Yadav @ Anat Yadav S/o Ram Kailash Yadav, 3.

Ashok Yadav S/o Late Haraf Yadav, All R/o Vill.- Majhauli, P.S.- Manjhi, DistrictSaran (Chapra). ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Shatrughan Pandey For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-01-2019 Heard the parties.

The appellants seek pre-arrest bail in Saran S.C./S.T. P.S. Case No.27/17 registered for the offences under Sections 147, 148, 323, 379, 447, 504, 506, 307/34 of the I.P.C. and Section 3 (i) (x) of S.C./S.T. (Prevention of Atrocities) Act. Allegation against the appellants is that they came over the land of the informant, abused taking his caste name and assaulted with lathi and also pulled him by tying by gamchha and also took away his crops on the tractor.

Submission of the learned counsel for the appellants is that initially a complaint case was filed on the basis of which the present case was registered and in course of investigation land dispute between the parties has come and the allegation between

Patna High Court CR. APP (SJ) No.3386 of 2018(4) dt.07-01-2019 2/2 of abuse by calling is caste name has been made just to make the case serious.

Heard the learned Special P.P. as well as the complainant/informant and they opposed the prayer for anticipatory bail stating that the appellants want to remove the informant from his own land and they uprooted the paddy crops and fled away after loading the paddy on the tractor. Having heard both sides and in view of the facts and circumstances of the case, let the appellants, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be released on bail on furnishing bail bonds of Rs.25,000/-each with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge, Sasaram at Chapra, in Saran SC/ST P.S.Case No.27/17 subject to the conditions as laid down under Section 438(2) of Cr.P.C. and other condition that they will cooperate in the investigation.

Accordingly, the appeal is allowed and the impugned order is set aside.

(Vinod Kumar Sinha, J) aks/- U