Allowed

Sintu Yadav and Anr. v. The State Of Bihar

Patna HC6 Sept 2018CR. APP (SJ)/3076/2018

Case brief

AI extract

What is this about?

Criminal Appeal regarding refusal of anticipatory bail. Due to general allegations without specific offence disclosure in the FIR, the appeal was allowed. The appellants were granted bail by the Special Judge, Gaya, subject to 30-day surrender and conditions similar to CrPC Section 438(2).

What did the court decide?

Impugned order set aside; appellants granted bail on furnishing Rs.20,000/- each bond with sureties, if they surrender within 30 days.

Sintu Yadav and Anr. Vs The State Of Bihar — Pension and Retirement Benefits | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Appeal (SJ) No.3076 of 2018

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Arising Out of PS.Case No. -63 Year- 2017 Thana -BARACHATTI District- GAYA

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

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Sintu Yadav

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Bandhu Yadav Both sons of Munshi Yadav Resident of Village - Kahudag, Police Station - Barachatti, District - Gaya.

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.... .... Appellant/s Versus 1. The State of Bihar. .... .... Respondent/s =========================================================== Appearance : For the Appellant/s : Mr. Nikhilesh Kumar, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP

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CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT

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Date: 06-09-2018

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Heard learned counsel for the parties.

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This is an appeal under Section 14(A)(2) of the Scheduled

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Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for anticipatory bail vide order dated 18.07.2018 passed by the learned Special Judge (S.C./S.T. Act), Gaya, in A.B.P. No.159 of 2018, arising out of Barachatti Police Station Case No.63 of 2017, registered under Sections 147/149/341/323/325/308/506 of the Indian Penal Code and Sections 3(i) (r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

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There is general and omnibus allegation of commission of abuse and assault for land dispute.

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Patna High Court CR. APP (SJ) No.3076 of 2018 dt.06-09-2018

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P2/

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The FIR does not disclose that any offence under the provisions of the SC/ST Act was committed for the purpose of this appeal for anticipatory bail.

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Considering the general and omnibus nature of allegation, 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 bail on furnishing bail bonds 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, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as 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.

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

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(Birendra Kumar, J)

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Mkr./-

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Sintu Yadav and Anr. v. The State Of Bihar

Case brief

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Sintu Yadav and Anr. v. The State Of Bihar

Case brief

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