Satyendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.558 of 2019 Arising Out of PS. Case No.-125 Year-2018 Thana- MANPUR District- Nalanda ====================================================== Satyendra Yadav, (M) aged about 45 years, Son of Late Sahdeo Yadav, Resident of Village - Gogripur, P.S-Manpur, District- Nalanda. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Anil Kumar, Adv.

For the Respondent/s :

Mr.Usha Kumari 1 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-02-2019 Heard the parties.

This is an appeal under Section 14(A) (2) of SC & ST (Prevention of Atrocities) Act, against the refusal of prayer for bail by order dated 11.12.2018 passed by learned 1st Additional Sessions Judge-cum-Special Judge, Nalanda at Bhiar Sharif, in connection with Manpur P.S. Case No. 125 of 2018, registered under Sections 147, 148, 149, 448, 504, 302 of the Indian Penal Code and Section 3 (i) (r) (s) & 3 (2) (v) a of the SC /ST Act. Informant has alleged in her written complaint that FIR named accused entered the village belonging to Scheduled Caste and fired indiscriminately. Allegation against Rahul Yadav is of firing upon the husband of informant and regarding remaining is of making indiscriminate firing. Allegation against petitioner is that he ordered to kill all the scheduled casts person

Patna High Court CR. APP (SJ) No.558 of 2019(2) dt.25-02-2019 2/3 of village and set their houses ablaze.

It has been submitted on behalf of the appellant that he is innocent and has been implicated in this case. There is no allegation of any overt act against him. He has no criminal antecedent and is in custody since 26.08.2018. Considering the aforesaid facts and circumstances of the case, let the appellant named above be released on bail upon furnishing bail bond of Rs. 20,000/- (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, with following conditions :

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Appellant shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and their absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the appellant tampers with the evidence or the witnesses of the case, in that case, prosecution will be

Patna High Court CR. APP (SJ) No.558 of 2019(2) dt.25-02-2019 3/3 at liberty to move for cancellation of bail of the appellant.

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

(S. Kumar, J) Rajiv/- U T