Sitaram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4271 of 2018 In Criminal Miscellaneous No.56316 of 2018 Arising Out of PS. Case No.-146 Year-2014 Thana- ARIYARI District- Sheikhpura ====================================================== Sitaram Yadav, Son of Late Baidyanath Yadav, Resident of Village Mai Amarpur, P.S. Ariyari, District Sheikhpura ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Pankaj Kumar For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 14-12-2018 Learned counsel for the appellant seeks permission to make necessary correction in the memo of appeal. Prayer is allowed.

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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for regular bail vide order dated 07.08.2018 in SC/ST Case No. 07 of 2018 passed by the learned 1st Additional Sessions Judge-cum-Special Judge S.C./S.T. (POA) Act, Sheikhpura in connection with Ariyari P.S. Case No. 146 of 2014 registered under Sections 302/34 of the Indian Penal Code, Section 27 of the Arms Act as well as Section 3(2)(v) of the SC/ST Act. Two persons allegedly fired at the father of the

Patna High Court CR. APP (SJ) No.4271 of 2018 dt.14-12-2018 2/2 informant. The father of the informant disclosed to the informant that firing of Ajay Yadav had hit him. Subsequently, he died. Appellant is in custody since 29.07.2018. Investigation of the case is complete. Appellant has stated on oath that he has got no criminal antecedent. There is no allegation of tampering with the evidence.

Hence, let the appellant, above named, be released on bail 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 as well as condition that both the bailors shall be resident of the territorial jurisdiction of the learned court below.

Accordingly, the impugned order is set aside and this appeal stands allowed.

(Birendra Kumar, J) Kundan/- AFR/NAFR N.A.

CAV DATE N.A.

Uploading Date 15.12.2018 Transmission Date 15.12.2018