Rajendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1199 of 2021 Arising Out of PS. Case No.-613 Year-2020 Thana- BARACHATTI District- Gaya ====================================================== Rajendra Yadav, S/o Late Khiru Yadav, R/o Village-Deshpura, P.S.-Barachatti, District-Gaya.

... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Shivendra Prasad, Advocate.

For the Respondent/s :

Mr.Usha Kumari 1, Spl. PP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-04-2021 Let the defects, if any, be removed within two weeks of the start of the physical Court.

Heard the parties in virtual Court.

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 12.11.2020 passed by the learned Exclusive Special Judge, SC/ST, Gaya in Barachatti P.S. Case No. 613 of 2020 registered under Sections 341, 323, 307, 504, 506 and 379/34 of the Indian Penal Code and Sections 3(i)(r)(s)(w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Allegation against the appellant is of commission of assault with iron rod causing fracture of hand of the informant. The appellant has stated on oath that he has got no criminal

Patna High Court CR. APP (SJ) No.1199 of 2021(2) dt.06-04-2021 2/2 antecedent. Investigation of the case is already complete. Learned counsel for the informant opposed the prayer for bail.

Considering the nature of allegation and completion of investigation, let the appellant, above named, be released on bail, on furnishing bail bonds of Rs. 20,000/- (Twenty thousand) 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 following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The appellant shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant.

(c) The appellant shall not leave the country without permission of the trial Court.

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

(Birendra Kumar, J) mantreshwar/- U T