Munna Yadav @ Munna Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1939 of 2021 Arising Out of PS. Case No.-114 Year-2020 Thana- MANJHI District- Saran ====================================================== Munna Yadav @ Munna Kumar Yadav Son of Late Awadhesh Yadav R/o Village- Sughar Chhapra, P.S.- Manjhi, District- Saran (CHAPRA). ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Sachida Nand Rai, Advocate.
For the Respondent/s :
Mr. Sadanand Paswan, Spl.PP.
For the Informant :
Dr. Rajesh Kumar Singh, Advocate.
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-07-2021 Let the defects be removed within four 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 24.11.2020 passed by the learned 1st Addl. Sessions Judge cum Special Judge (SC/ST Act), Chapra, Saran in Manjhi P.S. Case No. 114 of 2020 registered under Sections 341, 323, 504, 385 and 307/34 of the Indian Penal Code and Sections 3(r) (s)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Allegation against the appellant is that he demanded ransom and threatened to commit murder of the informant on
Patna High Court CR. APP (SJ) No.1939 of 2021(2) dt.16-07-2021 2/3 the point of pistol. Reason for occurrence is that the informant was doing pairvi of the case for the local Mukhiya as an advocate. The same was not liked by the appellant. Appellant is accused in three more cases.
Submission is that those cases were lodged due to family dispute. Appellant is in custody since 21.09.2020. Trial has already started and appellant is ready to cooperate with the trial.
Considering the facts aforesaid, 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.
With further condition that if the appellant would be
Patna High Court CR. APP (SJ) No.1939 of 2021(2) dt.16-07-2021 3/3 found indulged in threatening to the witnesses that would be a ground for cancellation of bail by the court below itself. Accordingly, the impugned order is set aside and the appeal is allowed.
(Birendra Kumar, J) mantreshwar/- U T