Birendra Yadav @ Biral Yadav @ Birendra Singh v. The State Of Bihar

Patna High Court CR. APP (SJ) No.1360 of 2018 dt.14-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1360 of 2018 Arising Out of PS.Case No. -9 Year- 2017 Thana -SANJHAULI District- SASARAM (ROHTAS) ===========================================================

1. Birendra Yadav @ Biral Yadav @ Birendra Singh, S/o Late Ramdayal Singh, resident of Village- Garura, P.S.- Sanjhauli, District- Rohtas. .... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Kameshwar Singh, Adv For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 14-05-2018 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 by the learned 1st Additional Sessions Judge-cum-Special Judge (S.C./S.T.), Rohtas at Sasaram in Sanjhauli P.S. Case No. 09 of 2017 registered under Sections 147, 148, 149, 341, 323, 354, 337, 436, 448, 504, 506 of the Indian Penal Code, Section 27 of the Arms Act as well as Section 3(1)(r)(s)(u) of the SC/ST Act. It appears that similarly situated some other coaccused have already been allowed anticipatory bail by this Court vide Annexure-5.

Patna High Court CR. APP (SJ) No.1360 of 2018 dt.14-05-2018 Hence, let the appellant, above named, in the event of his 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) 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 the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the appellant shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant.

Accordingly, this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date15.05.2018 Transmission Date 15.05.2018