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Patna High CourtCR. APP (SJ)/963/2019allowed

Mukesh Yadav @ Ravi Kumar v. The State Of Bihar

2019-03-26Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.963 of 2019 Arising Out of PS. Case No.-200 Year-2018 Thana- NARDIGANJ District- Nawada ====================================================== Mukesh Yadav @ Ravi Kumar S/o Binod Yadav Resident of VillageSandohara, P.S.- Nardiganj, District- Nawada. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Kiran Sinha For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 26-03-2019 This is an appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer of anticipatory bail dated 30.01.2019 passed by the learned 1st Addl. Sessions Judge-cum-Special Judge, Nawada in ABP No. 102 of 2019 arising out of Nardiganj P.S.Case No. 200 of 2018 registered under Sections 147,148,149, 307,323, 325, 341, 354B, 379, 452, 504 and 506 of the Indian penal Code and Sections 3(i)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Allegation as per FIR is that appellant along with other accused persons came variously armed with at the Darbaja of the informant and there specific allegation of assaulting the informant is against accused Munna Yadav, Kaushal Yadav and others.

Patna High Court CR. APP (SJ) No.963 of 2019 dt.26-03-2019 2/2 members of the mob and other co-accused persons have been granted privilege of anticipatory bail vide judgment dated 28.02.2019 passed in Cr. Appeal (SJ) No. 695 of 2019. Heard learned Spl. P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the appellants, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Addl. Sessions Judge-cum-Special Judge, Nawada in ABP No. 102 of 2019 arising out of Nardiganj P.S.Case No. 200 of 2018 ; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

Accordingly, the appeal is allowed and the impugned order is set aside with respect to him.

(Vinod Kumar Sinha, J) sujit/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date