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Patna High CourtCR. APP (SJ)/463/2020allowed

Gena Yadav v. The State Of Bihar

2020-02-05Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.463 of 2020 Arising Out of PS. Case No.-64 Year-2019 Thana- DHANKUND District- Banka ====================================================== GENA YADAV Son of Late Baishakhi Yadav Resident of Village - Atpahra, P.S.- Dhankund, District - Banka.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Ajay Mukherjee For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-02-2020 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 against refusal of the prayer for bail by order dated 24.12.2019 in G.R No. 70 of 2019, (Arising out of Dhankund P.S. Case No. 64/2019) passed by learned Additional Sessions Judge-1, Banka in connection with aforesaid case, registered under Sections 365, 323, 504/34 of the Indian Penal Code as well as under Sections 3(i)(r), (w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Considering the background and nature of allegations as well as the fact that the appellant is aged about 70 years, let the appellant, above named, be released on bail on furnishing

Patna High Court CR. APP (SJ) No.463 of 2020(2) dt.05-02-2020 2/2 bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Courtbelow where the case is pending in connection with the aforesaid case, with condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the appellant 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 appellant.

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

(Birendra Kumar, J) Ranjeet/Gaurav U T