Barun Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1911 of 2021 Arising Out of PS. Case No.-143 Year-2020 Thana- KEWATI District- Darbhanga ====================================================== BARUN YADAV SON OF DINESH YADAV R/O VILLAGE- MEGHA, P.S.- KEWTI, DISTRICT- DARBHANGA ... ... Appellant

Versus

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

For the Appellant/s :

Mr. Siddhartha Prasad, Advocate For the Respondent/s :

Mr. Binay Krishna, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18-08-2021 Heard the parties in virtual Court proceeding. 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 by order dated 08.02.2021 passed by the learned 1st Additional Sessions Judge cum Special Judge, Darbhanga in connection with Keoti P.S. Case No. 143 of 2020, SC/ST G.R. No. 185 of 2020 registered under Sections 341, 323, 504, 506, 379, 386 of the I.P.C., and Section 3(1)(r)(s) of the SC/ST Act. Allegation is of demand of ransom. However, no ransom amount was paid. Other allegations are mostly bailable in nature. Though the appellant has got criminal antecedent, however, he is in custody since 01.12.2020. Investigation of the case is already complete.

Patna High Court CR. APP (SJ) No.1911 of 2021(3) dt.18-08-2021 2/2 Submission is that due to trivial dispute false allegation is there. Both sides are resident of adjoining village. Considering the facts aforesaid, let the appellant, above named, be released on bail, after framing of the charges so that the trial may not hamper, 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.

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

(Birendra Kumar, J) shahzad/- U T