Allowed

Saroj Kumar Yadav @ Saroj Rai and Ors. v. The State Of Bihar

Patna HC17 Sept 2018CR. APP (SJ)/2554/2018

Case brief

AI extract

What is this about?

The Patna High Court allowed an appeal against the refusal of anticipatory bail. The Single Judge granted bail to multiple appellants accused of offences under the Indian Penal Code and the SC/ST Act, setting aside the lower court's order of refusal.

What did the court decide?

Impugned order refusing anticipatory bail set aside; appellants released on bail with conditions of cooperation and a deposit of Rs. 20,000 along with two sureties.

Saroj Kumar Yadav @ Saroj Rai and Ors. Vs The State Of Bihar — Caste Atrocities | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.2554 of 2018

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Arising Out of PS. Case No.-58 Year-2018 Thana- JANTA BAZAR District- Saran

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======================================================

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Saroj Kumar Yadav @ Saroj Rai, S/o Late Kanhaiya Yadav, R/o Village- Chakdeh.

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Vinay Kumar @ Vinay Rai, S/o Late Rangeela Rai, R/o VillageChakdeh.

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Ajit Kumar @ Ajit Rai, S/o Swaminath Yadav, R/o VillageChakdeh.

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Mithilesh Kumar @ Mithilesh Rai, S/o Rajendra Rai, R/o Village- Bhagwan Tola.

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Upendra Kumar @ Upendra Kumar Yadav @ Upendra Yadav, S/o Anwat Rai, R/o Village- Bhagwan Tola.

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Laxuman Rai @ Laxman Rai, S/o Jai Govind Rai, R/o VillageBhagwan Tola, All, P.S.- Janta Bazar, District- Saran.

... ... Appellant/s

Versus

The State of Bihar.

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mr. Bishwajeet Singh, Advocate For the Respondent/s : Smt. Usha Kumari No-1, SPP-247 For the Informant : Mr. A.K.Bhaskar, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT

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Date : 17-09-2018

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Heard learned counsel for the parties.

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This is an appeal under Section 14A of the Scheduled

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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 vide order dated 27.06.2018 passed by the learned 1^st Additional Sessions Judge, Saran at Chapra in A.B.P. No.1735 of 2018, arising out of Janta Bazar Police Station Case No.58 of 2018 registered under Sections 341, 323, 324, 147, 148, 149, 504, 506 of the Indian Penal Code and Sections 3

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Patna High Court CR. APP (SJ) No.2554 of 2018 dt.17-09-2018 2/3

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(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

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Appellant No.3, Ajit Kumar @ Ajit Rai has already surrendered. Hence, his prayer for anticipatory bail has become infructuous now.

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There is allegation of commission of assault, causing injury at non-vital part of the body of different injureds. The offences of the Indian Penal Code alleged against the appellants are bailable.

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Learned counsel for the informant opposed the prayer for anticipatory bail.

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Considering the facts of this case, let the appellants namely, (1) Saroj Kumar Yadav @ Saroj Rai, (2) Vinay Kumar @ Vinay Rai, (4) Mithilesh Kumar @ Mithilesh Rai, (5) Upendra Kumar @ Upendra Kumar Yadav @ Upendra Yadav, (6) Laxuman Rai @ Laxman Rai 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

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Patna High Court CR. APP (SJ) No.2554 of 2018 dt.17-09-2018 3/3

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conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the appellants shall fully co-operate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the appellants.

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

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(Birendra Kumar, J)

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abhishek/-

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Saroj Kumar Yadav @ Saroj Rai and Ors. v. The State Of Bihar

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Saroj Kumar Yadav @ Saroj Rai and Ors. v. The State Of Bihar

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