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Patna High CourtCR. APP (SJ)/50/2018allowed

Sujit Yadav @ Sujit Kumar v. The State Of Bihar

2018-02-06Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.50 of 2018 Arising Out of PS.Case No. -188 Year- 2017 Thana -GIRIYAK District- NALANDA (BIHARSHARIFF) ======================================================

1. Sujit Yadav @ Sujit Kumar S/o Mithlesh Prasad @ Mukhal Yadav, R/o Village- Dariyapur, P.S.- Silao, District- Nalanda. .... .... 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 06-02-2018 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 (S.C./S.T. Act), Nalanda at Biharsharif, in connection with Giriyak Police Station Case No.188 of 2017 registered under Section 302 of the Indian Penal Code and Section 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The F.I.R. of the occurrence of murder is against unknown. Name of the petitioner had transpired in the statement of one Sanjay Manjhi under Section 164 Cr.P.C. Considering the belated disclosure of the name of

Patna High Court CR. APP (SJ) No.50 of 2018 (3) dt.06-02-2018 P2/ the appellant in the case, 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 appeal stands allowed.

(Birendra Kumar, J) Mkr./- U T