Girjesh Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3516 of 2018 Arising Out of PS. Case No.-222 Year-2018 Thana- KONCH District- Gaya ======================================================

1. Girjesh Yadav, Son of Late Ramdeo Yadav,

2. Radhekant Yadav, Son of Girjesh Yadav, Both are resident of Village- Garari, Police Station- Konch, District- Gaya.

... ... Appellant/s

Versus

The State of Bihar.

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

For the Appellant/s :

Mr.Manish Kumar No-2 For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-01-2019 Heard the parties.

The appellants are apprehending their arrest in connection with Konch P.S.Case no.222 of 2018 , registered for offences punishable under Sections 341, 323, 504, 506, 307 and 34 of the Indian Penal Code and Section 3(i)(r) and 3(i)(s) of S.C./S.T. (Prevention of Atrocities) Act.

Allegation against the appellants and other accused persons is of abusing the informant by taking cast name and also of assault.

Submission of the learned counsel for the appellant is that earlier also a case had been lodged in which the aqppelant were not party and they have falsely been implicated in the present case and no specific allegation has been attributed against nay

Patna High Court CR. APP (SJ) No.3516 of 2018(4) dt.08-01-2019 2/2 of the appellant of abusing by caste name nor there is any case made out under Section 307 fo the IPC.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the appellants , above named, surrender before the court below within a period of six weeks from the date of order and on surrender they will be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, SC/ST Act, Gaya in connection with Konch P.S.Case No.222 of 2018, subject to condition as laid down under Section 438 (2) K the Code of Criminal Procedure.

Accordingly, this appeal is allowed and the impugned order dated 18.8.2018 is set aside.

(Vinod Kumar Sinha, J) chn/- U