Lalu Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1486 of 2021 Arising Out of PS. Case No.-77 Year-2019 Thana- FULKAHA District- Araria ====================================================== LALU KUMAR YADAV, Son of Samat Lal Yadav, Resident of Village - Achra, P.S. - Fulkaha, Dist. - Araria ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Ramesh Kumar Singh, Advocate For the Respondent/s :
Mr. Binay Krishna, Spl. P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 29-06-2021 Let the defects be removed within a period of four weeks after start of the physical Court.
The matter has been taken up through virtual Court proceeding.
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 14.07.2020 passed by the learned 2nd Additional Sessions Judge-cum-Special Judge, Araria in connection with Special Case No. 677 of 2019 arising out of Fulkaha P.S. Case No. 77 of 2019 registered under Sections 147, 148, 149, 341, 323, 342, 324, 307, 211, 212, 224, 225, 332, 333, 379, 353, 435, 504, 506 of the Indian Penal Code, Section 45 of the Bihar Prohibition and Excise Act, 2016 as well as Sections 3(i)(r) of the SC/ST Act. Co-accused Bipin Yadav has already been allowed bail by
Patna High Court CR. APP (SJ) No.1486 of 2021 dt.29-06-2021 2/2 this Court vide order dated 03.02.2020 passed in Cr. Appeal (SJ) No. 5140 of 2019 and allegation against the appellant is similar to Bipin Yadav.
Hence, let the appellant, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) 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 following conditions:- (a) The appellant shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the appellant. (b) Both the bailors shall be resident of territorial jurisdiction of the learned court below.
(c) The appellant shall not leave the country without permission of the learned trial court.
Accordingly, the impugned order is set aside and this appeal stands allowed.
(Birendra Kumar, J) Kundan/- AFR/NAFR N.A.
CAV DATE N.A.
Uploading Date 30.06.2021 Transmission Date 30.06.2021