Pappu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3215 of 2018 Arising Out of PS. Case No.-299 Year-2017 Thana- BELHAR District- Banka ====================================================== Pappu Yadav, S/o Rajendra Yadav, Resident of Village- Badala, P.S. Belhar, District- Banka.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Gajendra Kumar Singh For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 04-09-2018 Heard learned counsel for the parties.

This is an appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for regular bail vide order dated 28.07.2018 passed by the learned 1st Additional Sessions Judge, Banka in Belhar Police Station Case No.299 of 2017, corresponding to G.R. No.4233 of 2017 registered under Sections 387, 504, 506/34 of the Indian Penal Code as well as Section 3 (i) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

There is general and omnibus allegation against the F.I.R. named accused persons including the appellant of commission of threat for payment of ransom of Rs.5,00,000/-

Patna High Court CR. APP (SJ) No.3215 of 2018 dt.04-09-2018 2/2 (Rupees Five Lacs) to the mother of the informant. The informant is a local Mukhiya.

Submission is that the allegation is general and omnibus. False implication is there due to local politics. The appellant has got no criminal antecedent. The appellant is in custody since 23.07.2018.

Considering the aforesaid facts, let the appellant, above named, be released on bail after completion of the investigation against the appellant on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with the aforesaid case, subject to the 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 this appeal stands allowed.

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