Vijay Yadav @ Vijay Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5181 of 2019 Arising Out of PS. Case No.-619 Year-2019 Thana- FATUA District- Patna ====================================================== 1.

VIJAY YADAV @ VIJAY PRASAD YADAV S/o Late Roshan Yadav 2.

Surendra @ Shailendra Yadav S/o Late Roshan Yadav 3.

Maxi Yadav S/o Late Roshan Yadav All R/o village- Pitambarpur, P.S.- Fatuha, District- Patna ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Arun Kumar Singh, Advocate For the Respondent/s :

Mr.Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-02-2020 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 anticipatory bail vide order dated 16.10.2019 passed by the learned Additional Sessions Judge -XX-cum-Special Judge (S.C./S.T. Act), Patna, in Special Case No.442 of 2019, arising out of Fatuha Police Station Case No.619 of 2019, registered under Sections 341/342/354/337/504/506/34 of the Indian Penal Code and Sections 3(i)(s)(w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The FIR does not disclose commission of any

Patna High Court CR. APP (SJ) No.5181 of 2019(3) dt.19-02-2020 2/2 offence under the SC/ST Act by the appellants and offences of the Indian Penal Code alleged against the appellants are bailable.

Hence, 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.

The appellants shall not leave the country without permission of the trial Court.

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

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