Patna High CourtCR. APP (SJ)/231/2018allowed

Ram Ishwar Yadav And ANR v. The State Of Bihar

2018-02-13Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.231 of 2018 Arising Out of PS.Case No. -17 Year- 2017 Thana -SALAIYA District- AURANGABAD ======================================================

1. Ram Ishwar Yadav, S/o Ram Pati Yadav,

2. Awadhesh Yadav @ Awadhesh Yadav S/o Bilash Yadav, R/o Vill.- Hasanpur, P.S.- Salaiya Distt.- Aurangabad (Bihar). .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Ranjit Kumar, Advocate For the Respondent/s : Smt Usha Kumari No-1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-02-2018 Heard learned counsel for the parties.

This is an appeal under Section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail by the learned 1st Additional Sessions Judge-cum-Special Judge (S.C./S.T. Act), Aurangabad, in connection with Salaiya Police Station Case No.17 of 2017 registered under Sections 147/436/427/506 of the Indian Penal Code and Sections 3(2)(iv)/3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The F.I.R. would reveal that there is suspicion that the appellants set the house of the informant on fire. Having similar allegation some other co-accused have already been allowed bail by this Court vide Annexure-3.

Patna High Court CR. APP (SJ) No.231 of 2018 (2) dt.13-02-2018 P2/ Considering the aforesaid fact, let the appellants, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) each 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 condition that the appellants 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 appellants. Accordingly, the impugned order is set aside and appeal is allowed.

(Birendra Kumar, J) Mkr./- U T