Sanju Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3146 of 2017 Arising Out of PS.Case No. -55 Year- 2017 Thana -PARWALPUR District- NALANDA (BIHARSHARIFF) ====================================================== Sanju Yadav Son of Babulal Yadav Resident of village- Harprasad Bigha, P.S.- Parwalpur, District- Nalanda .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Anil Chandra For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 01-12-2017 Heard learned counsel for the appellant, the informant and the Special P.P.

The appellant has questioned the order dated 22.07.2017, passed by the learned 1st Additional Sessions Judgecum-Special Judge, Nalanda in connection with Parwalpur P.S. Case No. 55 of 2017 dated 07.04.2017 instituted for the offences under Sections 302/34 of the Indian Penal Code and Section 3(2)(v) of the SC & ST (Prevention of Atrocities) Act, 1989, whereby the prayer for being released on bail has been rejected. In the F.I.R, there is a general allegation of assault on the deceased by all the accused persons. Learned counsel appearing for the appellant has submitted that similarly situated another appellant has been

Patna High Court CR. APP (SJ) No.3146 of 2017 (3) dt.01-12-2017 2/2 granted bail by this Court vide order dated 10.10.2017 passed in Cr. Appeal(SJ) No. 2588 of 2017. That apart, it has been argued that from the reading of the F.I.R itself, it would appear that no specific allegation has been levelled against anybody much less the appellant and there is general allegation of assault against all the accused persons.

The appellant is in custody since 30.05.2017. Regard being had to the aforesaid facts, this Court deems it appropriate to set aside the order dated 22.07.2017. The appellant, above named is directed to be released on bail on his furnishing bail bonds of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional District Judge-cum-Special Judge, Nalanda at Biharsharif in connection with Parwalpur P.S. Case No. 55 of 2017.

(Ashutosh Kumar, J) Shageer/- U T