Birendra Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3349 of 2018 Arising Out of PS.Case No. -177 Year- 2018 Thana -DURGAWATI District- BHABHUA (KAIMUR) ===========================================================
1. Birendra Yadav, Son of Late Ramtahal Yadav,
2. Chandrika Yadav, Son of late Ram Sakal Yadav,
3. Chandrama Yadav, Son of late Ram Sakal Yadav,
4. Ashok Yadav, Son of Lok Nath Yadav,
5. Satya Narayan Yadav, Son of Late Arjoon Yadav,
6. Sonu Yadav, Son of Satya Narayan Yadav, All residents of Village- Kurari, Police Station- Durgawati, District- Kaimur.
.... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Rajesh Kumar Mishra, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 24-09-2018 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 against the refusal of prayer for bail vide order dated 13.08.2018 passed by the learned Additional Sessions Judge 1st -cum-Special Judge, Kaimur at Bhabua, in SC/ST Reg. No.71 of 2018, arising out of Durgawati Police Station Case No.177 of 2018, registered under Sections 147/148/149/323/307/504/506 of the Indian Penal Code and Section 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Patna High Court CR. APP (SJ) No.3349 of 2018 dt.24-09-2018 P2/ Specific allegation is against Birendra Yadav to have caused injury with lathi and garasa. The doctor has found simple injury. There is general and omnibus allegation against other appellants of commission of assault. There is case and counter case. Learned counsel for the informant opposed the prayer for bail.
Considering the facts aforesaid, let the appellants, above named, be released on bail on furnishing bail bond 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, with 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.
Accordingly, the impugned order is set aside and appeal is allowed.
(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date26.09.2018 Transmission Date 26.09.2018