Pramod Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3412 of 2017 Arising Out of PS.Case No. -1 Year- 2015 Thana -BIND District- NALANDA (BIHARSHARIFF) ======================================================
1. Pramod Yadav S/o Sidheshwar Yadav, R/o Village- Jakhaur, P.S.- Bind, District- Nalanda (Bihar).
.... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Raj Kishor Prasad, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-03-2018 Heard learned counsel for the parties.
This is an appeal under Section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail by the learned 1st Additional Sessions Judge-cum-Special Judge, Nalanda at Biharsharif, in connection with Bind Police Station Case No.1 of 2015 registered under Sections 147/148/149/448/323/504/302 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3(1)(x)/3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
According to FIR, the appellant is main assailant along with co-assailant Jatan Yadav. The appellant is in custody since 06.02.2015. The report of the learned trial Judge would reveal that the charges were framed on 18.03.2016 and thereafter
Patna High Court CR. APP (SJ) No.3412 of 2017 (4) dt.13-03-2018 P2/ during last two years only four prosecution witnesses have been examined.
Considering the period already undergone, 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./- U T