Chutputi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1895 of 2021 Arising Out of PS. Case No.-124 Year-2020 Thana- NATHNAGAR District- Bhagalpur ====================================================== Chutputi Yadav Son of Pappu Yadav Resident of Village - Gosaidespur, P.S.- Nathnagar, Distt.- Bhagalpur.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Shankar Kumar, Advocate For the Respondent/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-07-2021 Heard the parties in virtual Court proceeding. Let the defects, if any, be removed within four weeks of the start of the physical 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 23.01.2021 passed by the learned Additional Sessions Judge-III-cum-Special Judge (S.C./S.T. Act), Bhagalpur, in connection with Nathnagar Police Station Case No.124 of registered under Sections 147/341/323/307/325/354B/504/506 of the Indian Penal Code and Section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Submission is that there is no specific allegation of

Patna High Court CR. APP (SJ) No.1895 of 2021(2) dt.08-07-2021 2/2 commission of assault against the appellant; rather other three named accused persons allegedly assaulted. The appellant is in custody since 27.11.2020. Investigation of the case is already complete.

Considering the facts aforesaid, let the appellant, above named, be released on bail on furnishing bail bond 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.

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

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