Dashrath Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.579 of 2018 Arising Out of PS.Case No. -53 Year- 2017 Thana -LAXMIPUR District- JAMUI ======================================================

1. Dashrath Yadav, Son of Kaka Yadav, Resident of Village-Dholkatwa, P.S.Gidhaur (Laxmipur), District-Jamui.

.... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Prakash Mahto For the Respondent/s : Mr. Binay Krishna,Spl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-03-2018 Heard the learned counsel for the parties.

The appellant seeks bail in Laxmipur (Gidhaur) P.S.Case No.53/17 instituted for the offence under Sections 147, 148, 341, 323, 324, 325, 504, 506, 379 of the I.P.C.

Submission of the learned counsel for the appellant is that there is no specific allegation of abusing the informant by his caste name and there is general and omnibus allegation against the appellant and other similarly situated co-accused has already been granted privilege of bail in the event of arrest/surrender vide order dated 28.07.2017 passed in Cr. Appeal (SJ) No. 1722 of 2017. Heard the learned Special Public Prosecutor also. In view of the facts and circumstances of the case and the fact that the other similarly situated co-accused has already

Patna High Court CR. APP (SJ) No.579 of 2018 (3) dt.14-03-2018 2/2 been granted anticipatory bail, as such, this appeal is allowed, order dated 30.01.2018 passed by the Additional District & Sessions Judge 1st, Jamui in A.B.A. No. 86 of 2018 is set aside and the appellant named above, in the event of his arrest/surrender before the court below within a period of six weeks from today, is directed to be released on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of Additional District & Sessions Judge 1st, Jamui in connection with Laxmipur (Gidhaur) P.S. Case No. 53/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C., subject to further condition that the bailors must be local persons having sufficient immovable properties within the jurisdiction of the court and that the appellant will cooperate in investigation of the case and will appear before the Investigating Officer as and when required, failing which his bail bond shall be liable to be cancelled.

(Vinod Kumar Sinha, J) AnilKrSinha/- U