Sagar Yadav @ Sagar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.755 of 2022 Arising Out of PS. Case No.-336 Year-2019 Thana- PATNA CITY CHOWK District- Patna ====================================================== Sagar Yadav @ Sagar Kumar S/O Sunil Yadav R/O- Nirankar Bhawan, Mochi Road, (Morcha Road), P.S.- Chowk, Distt.- Patna ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Mahendra Paswan Late Raman Paswan R/O Village-Begampur Sidhe Bazar, P.S.-Bypass, Districr-Patna ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Nityanand Kumar For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-10-2022 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

Vide order dated 18.05.2022, notice was issued to newly added respondent no. 2. Office pointed out that the respondent no. 2 did not find at given address, therefore, notice returned unserved. This is an appeal under section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer for bail vide order dated 15.02.2022, passed by learned Additional Sessions Judge-III-cum-Special Judge (SC/ST Act), Patna in connection with Chowk P.S. Case No. 336 of 2019, registered under Sections 302/34 of the IPC,

Patna High Court CR. APP (SJ) No.755 of 2022(5) dt.19-10-2022 2/3 Section 27 of the Arms Act and Sections 3(2) of SC/ST Act. Earlier, prayer for bail of the appellant was rejected vide order dated 29.10.2021 passed in Cr. APP (SJ) No. 2977 of 2021 with a liberty to renew his prayer for bail after framing of charge.

Learned counsel for the appellant submits that now charges have been framed against the appellant 08.12.2021. He further submits that appellant is languishing in judicial custody since 11.12.2019.

Considering the fact that charges have been framed against the appellant, let the above named appellant, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-III-cumSpecial Judge (SC/ST Act), Patna in connection with Chowk P.S. Case No. 336 of 2019, subject to the conditions:

(1) that one of the bailors will be a close relative of the appellant, who will give an affidavit giving genealogy as to who he is related with the appellant. He will also undertake to inform the court if there is any change in the address of the appellant.

(II) that the appellant will be well represented on each

Patna High Court CR. APP (SJ) No.755 of 2022(5) dt.19-10-2022 3/3 and every date fixed in the case and if he fails to do so on two consecutive dates his bail bonds shall be liable to be cancelled. (III) that the appellant will mark his attendance in the local police station in the first week of every month till conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond. (IV) that the bailor shall also stated on affidavit that he will inform the Court concerned if the appellant is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse. Accordingly, the impugned order is set aside and the appeal is allowed.

(Anjani Kumar Sharan, J) devendra/- U T