Munna Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3734 of 2018 Arising Out of PS. Case No.-20 Year-2018 Thana- PAKARIBARAW District- Nawada ======================================================

1. Munna Yadav, Son of Suresh Yadav @ Suresh Prasad Yadav,

2. Santosh Yadav, Son of Kishori Yadav,

3. Vikash Kumar, Son of Sanjay Sipahi, All resident of VillagePakri, Police Station- Pakaribarawan, District- Nawada. ... ... Appellant/s

Versus

The State of Bihar.

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

For the Appellant/s :

Mr. Ashok Kumar, Advocate For the Respondent/s :

Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 11-12-2018 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 against the refusal of prayer for anticipatory bail vide order dated 07.09.2018 passed by the learned Additional Sessions Judge-I, Nawada, in A.B.P. No.1466 of 2018, arising out of Pakribarawa Police Station Case No.20 of 2018, registered under Sections 147/149/341/323/332/337/338/307/353/427/504 of the Indian Penal Code and Section 3(i)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The FIR was lodged against unknown members of the mob, who started pelting stones on the police party, which resulted

Patna High Court CR. APP (SJ) No.3734 of 2018 dt.11-12-2018 2/2 in injury as well as damage to the vehicle. The mob committed occurrence for the reason that the police has come to take into custody a dead body found thereat for post mortem purpose. Considering the fact that appellants are not named in the FIR and they have got no criminal antecedent, 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 bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each 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 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, the impugned order is set aside and the appeal is allowed.

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date 13.12.2018 Transmission Date 13.12.2018