Gora Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.274 of 2018 Arising Out of PS.Case No. -448 Year- 2017 Thana -SHERGHATI District- GAYA ======================================================

1. Gora Yadav, Son of Ram Bhajan Yadav,

2. Rajendra Yadav, Son of Ram Bhajan Yadav,

3. Mahesh Prajapati, Son of Mahadeo Prajapati, All resident of VillageSheoratipur, P.S.- Dobhi (Sherghati), District- Gaya. .... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Ajay Kumar Sinha, Adv. For the Respondent/s : Mr. Smt Usha Kumari No-1, SPP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-03-2018 Heard learned counsel for the parties.

This is an appeal under Sections 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, against refusal of the prayer for anticipatory bail by the learned Special Judge, SC/ST, Gaya in connection with Sherghatti (Dobhi) P.S.Case No. 448 of 2017 registered under Sections 341,323,354,504/34 of the Indian Penal Code and Section 27 of Arms Act as well as under Sections 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes Act.

Specific allegation of commission of abuse by taking caste name is against co-accused Surendra Yadav. There is general and omnibus allegation of commission of

Patna High Court CR. APP (SJ) No.274 of 2018 (5) dt.27-03-2018 abuse and assault against the appellants.

Considering the general and omnibus nature of allegation against the appellants, 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 bond of Rs.20,000 (Twenty Thousand)each with two sureties of the like amount each to the satisfaction of 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/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellants.

Accordingly, this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- U T