Baharan Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5539 of 2019 Arising Out of PS. Case No.-39 Year-2015 Thana- MANPUR District- West Champaran ====================================================== 1.

BAHARAN PATEL Son of Late Mohan Patel 2.

Raju Patel Son of Sri Baharan Patel 3.

Pundeo Yadav Son of Sri Bhagat Yadav 4.

Lalu Yadav Son of Late Bishundeo Yadav 5.

Madan Yadav Son of Late Bishundeo Yadav 6.

Dherhi Yadav Son of Sri Janak Yadav 7.

Ramayan Yadav Son of Sri Rumal Yadav 8.

Birendra Yadav Son of Sri Suraj Yadav. All Residents of Village - Bakuliya, P.S. - Manpur, District - West Champaran. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Umesh Chandra Verma, Adv For the Respondent/s :

Mr.Binay Krishna, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-02-2020 Heard learned counsel for the parties.

This is an appeal under Sections 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, against refusal of the prayer for anticipatory bail by order dated 24.10.2019 in A.B.P. No.2360 of 2019 arising out of Trial No.477 of 2018 appertaining to Manpur P.S.Case No.39 of 2015 passed by the learned 1st Additional Sessions Judge-cum-Special Judge SC/ST, West Champaran, Bettiah registered under Sections 147,341,324,379 of the Indian Penal Code and Sections 3(1)(x) of the Scheduled Castes and Scheduled Tribes Act. There is case and counter case. Offences of the Indian Penal Code alleged against the appellants are mostly bailable. The

Patna High Court CR. APP (SJ) No.5539 of 2019(4) dt.20-02-2020 2/2 parties have entered into a compromise. A copy of the written compromise is at Annexure-3.

Considering the fate of the trial after compromise, 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 anticipatory bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of 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 and further the appellants shall fully cooperate with the investigation/trial of the case and also the appellants shall not leave the country without permission of the learned Trial Court, 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 this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- U T