Patna High CourtCR. APP (SJ)/1479/2018allowed

Manoj Yadav v. The State Of Bihar

2018-05-11Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1479 of 2018 Arising Out of PS.Case No. -179 Year- 2014 Thana -BARACHATTI District- GAYA ===========================================================

1. Manoj Yadav S/o Ramun Yadav R/o Village - Hadiya Dag, P.S. Mohanpur, District - Gaya.

.... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Rina Sinha, Advocate For the Respondent/s : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 11-05-2018 Heard learned counsel for the parties.

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 the learned Special Judge (S.C./S.T. Act), Gaya, in connection with Barachatti (Mohanpur) Police Station Case No.179 of 2014 registered under Sections 147/148/149/447/504/323/307 of the Indian Penal Code and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

For land dispute specific allegation of commission of murderous assault with garasa, causing injury at the head of the informant, is against co-accused Komal Yadav. The appellant is in

Patna High Court CR. APP (SJ) No.1479 of 2018 dt.11-05-2018 P2/ custody since 01.04.2018 and has got no criminal antecedent. Considering the aforesaid fact, 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 condition that the appellant 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 appellant.

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

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date15.05.2018 Transmission Date 15.05.2018