Vijay Kumar Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3774 of 2018 Arising Out of PS. Case No.-110 Year-2017 Thana- JAMALPUR District- Darbhanga ======================================================

1. Vijay Kumar Yadav and Ors S/o Udho Yadav,

2. Akhilesh Yadav S/o Nama Yadav,

3. Udho Yadav S/o Nama Yadav, All residence of Vill.- Tetari, P.S.- Jamalpur, District- Darbhanga.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Vinay Kumar Mishra For the Respondent/s :

Mr.Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-01-2019 Heard the parties.

The appellants seek pre-arrest bail in Jamalpur P.S.Case No.110 of 2017 registered under Sections 341, 323, 324, 326, 354(A), 504, 379, 34 of the I.P.C., and Section 3 (1) (r) (s) of SC/ST Act.

Allegation against the appellants is of assault to the informant and also abusing by caste name against the appellant no.1.

Submission of the learned counsel for the appellants is that nothing specific has been attributed against the appellants and further instant case has been filed in retaliation of the complaint case filed earlier by the agnates of the appellants and the injury report is not available on the record and two co-

Patna High Court CR. APP (SJ) No.3774 of 2018(5) dt.10-01-2019 2/2 accused having similarly situated have already been granted bail by coordinate Bench of this Court vide order dated 10.7.2018 passed in Cr.Appeal No.1113 of 2018. Heard the learned Special P.P. also.

Having heard both sides and in view of the facts and circumstances of the case, let the appellants, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today be released on bail on furnishing bail bonds of Rs.25,000/- each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-1st.-cum-Special Judge (SC/ST POA) Act, Darbhanga, in Jamalpur P.S.Case No.110 of 2017 subject to the conditions as laid down under Section 438(2) of Cr.P.C. and bailors of the appellants will be of local having sufficient movable and immovable properties within the jurisdiction of the court concerned.

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

(Vinod Kumar Sinha, J) aks/- U