Patna High Court
Ramji Yadav @ Atma Yadav & Ors vs The State Of Bihar on 8 October, 2018
Author: Birendra Kumar
Bench: Birendra Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3497 of 2018
Arising Out of P S.Case No. -114 Year- 2015 Thana -DHANAHA District- WESTCHAM PARAN
(BETTIAH)
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1. Ramji Yadav @ Atma Yadav, son of Chhabilal Yadav
2. Bindu Devi, wife of Ramji Yadav @ Atma Yadav
3. Prabhawati Devi, W/o Prabhu Yadav, All are resident of Village - Tunihwa,
P.S. - Dhanaha, District - West Champaran.
.... .... Appellant/s
Versus
1. The State of Bihar
.... .... Respondent/s
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Appearance :
For the Appellant/s : Mr. Arvind Kumar, Advocate
For the Respondent/s : Smt. Usha Kumari No. 1, S.P.P.
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CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
ORAL JUDGMENT
Date: 08-10-2018 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 regular bail vide order dated 09.08.2018 in BP No. 2338 of 2018 passed by the learned 1st Additional Sessions Judge- cum-Special Judge S.C./S.T. (POA), Act West Champaran at Bettiah in connection with Dhanaha P.S. Case No. 114 of 2015 registered under Sections 147, 148, 149, 341, 342, 333, 353, 452, 354, 379, 323, 324, 325, 326, 307, 188, 504, 506, 120B of the Indian Penal Code as well as Section 3(i)(x) of the SC/ST Act.
Considering the general and omnibus nature of Patna High Court CR. APP (SJ) No.3497 o f 2018 dt.08-10-2018 2/2 allegation against altogether 32 persons, let the appellants, above named, 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 learned Court below where the case is pending in connection with the aforesaid case, subject to the 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 as well as condition that both the bailors shall be resident of the territorial jurisdiction of the learned court below.
Accordingly, the impugned order is set aside and this appeal stands allowed.
(Birendra Kumar, J)
Kundan/Rajan
AFR/NAFR N.A.
CAV DATE N.A.
Uploading Date 09.10.2018
Transmission
Date 09.10.2018