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Patna High CourtCR. APP (SJ)/1056/2019allowed

Dinesh Yadav v. The State Of Bihar

2019-04-16Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1056 of 2019 Arising Out of PS. Case No.-53 Year-2018 Thana- SALAKHUA District- Saharsa ====================================================== DINESH YADAV Son of Surya Narayan Yadav Resident of Village - Parasbanni, P.S.- Salkhua, Distt - Saharsa.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Ashok Kumar For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 16-04-2019 Heard learned counsel for the parties.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail by order dated 22.01.2019 passed by the learned Additional Sessions Judge-3rd -cum-Special Judge, Saharsa in connection with Special Case No.87 of 2018, Salkhua (Banma Itahari O.P.) P.S. Case No.53 of 2018 registered under Sections 341, 323, 325, 379, 354, 307, 504/34 of the Indian Penal Code and Section 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Land dispute is the reason for commission of alleged occurrence of assault and theft by the appellant.

Patna High Court CR. APP (SJ) No.1056 of 2019 dt.16-04-2019 2/2 Considering the background and nature of allegation, 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 both bailors shall be resident of territorial jurisdiction of the learned Court below and further 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.

(Birendra Kumar, J) sanjeev/- AFR/NAFR NAFR CAV DATE NA Uploading Date 18/04/2019 Transmission Date 18/04/2019