Guddu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4688 of 2019 Arising Out of PS. Case No.-36 Year-2019 Thana- RAJAON District- Banka ====================================================== 1.

GUDDU YADAV Son of Kamleshwari Yadav 2.

Pawan Yadav Son of Mantu Yadav Both Resident of Village- Khirjan, P.S.- Rajoun, District- Banka. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Om Prakash Singh, Advocate For the Respondent/s :

Mrs.Usha Kumari 1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-02-2020 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 against the refusal of prayer for bail vide order dated 11.09.2019 passed by the learned 1st Additional Sessions Judge, Banka, in connection with Rajoun Police Station Case No.36 of 2019 registered under Sections 147/148/149/323/307/354B/436/427/504/506 of the Indian Penal Code, Section 27 of the Arms Act, Section 3⁄4 of the Witchcraft (Dain) Act and Section 3(i)(w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Learned counsel for the appellants submits that

Patna High Court CR. APP (SJ) No.4688 of 2019(3) dt.03-02-2020 2/2 twenty known and several unknown persons are stated to be accused in the FIR. Some of the named accused namely, Sankar Yadav, Rajesh Yadav and others have been allowed bail by a coordinate Bench of this Court in Cr. Appeal (SJ) No. 4477 of 2019 and Cr. Appeal (SJ) No. 4724 of 2019.

Considering the aforesaid submission, let the appellants, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Courtbelow where the case is pending in connection with the aforesaid case, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) 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. (c) The appellants shall not leave the country without permission of the trial Court.

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

(Birendra Kumar, J) Mkr./- U T