Lakhan Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.335 of 2018 Arising Out of PS.Case No. -63 Year- 2017 Thana -BARACHATTI District- GAYA ======================================================

1. Lakhan Yadav,

2. Rohan Yadav,

3. Sheodhari Yadav,

4. Nanhak Yadav, All Sons of Late Dhalan Yadav, R/o Village- Kahudag, P.S.- Barachatti, District- Gaya.

.... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Nikhilesh Kumar For the Respondent/s : Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-02-2018 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail by the learned Special Judge (S.C./S.T.), Gaya in Barachatti P.S. Case No. 63 of 2017 registered under Sections 147, 149, 341, 323, 325, 308, 506 of the Indian Penal Code as well as Section 3(i)(r)(s) of the SC/ST Act. There is general and omnibus allegation of commission of abuse and assault for land dispute. The FIR does not disclose that any offence under the provisions of the SC/ST Act was committed for the purpose of

Patna High Court CR. APP (SJ) No.335 of 2018 (2) dt.16-02-2018 2/2 this appeal for anticipatory bail.

Considering the general and omnibus nature of allegation, 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/- (rupees 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 and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellants. Accordingly, this appeal stands allowed.

(Birendra Kumar, J) Kundan/- U T