Nand Kishore Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3758 of 2018 Arising Out of PS.Case No. -178 Year- 2018 Thana -RAJAOLI District- NAWADA ===========================================================
1. Nand Kishore Yadav S/o Budhan Yadav, R/o Vill.- Mahsay, P.S.- Rajauli, Distt.- Nawada. .... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Birendra Kumar, Adv For the Respondent/s : Mr. Sadanand Paswan, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 08-10-2018 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 31.08.2018 in Special (H) No.95 of 2018 arising out of Rajauli P.S.Case No.178 of 2018 passed by the learned Addl. Sessions Judge-1st, Nawada, registered under Sections 341,323,385,354,427,504,506/34 of the Indian Penal Code and Section 3(i)(r)(w)(i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The informant had purchased the referred land from the appellant.
When the informant was making construction on that, the appellant demanded ransom. Learned counsel for the informant opposed the prayer for bail.
After hearing the parties, allegation appears apparently non-believable for the purpose of consideration of
Patna High Court CR. APP (SJ) No.3758 of 2018 dt.08-10-2018 2/2 prayer for bail, hence, let the appellant, above named, who has got no criminal antecedent, 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 Courtbelow 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) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date09.10.2018 Transmission Date 09.10.2018