Indradev Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1714 of 2019 Arising Out of PS. Case No.-56 Year-2018 Thana- BITHAN BAZAR District- Samastipur ====================================================== 1.

INDRADEV YADAV Son of Late Ganeshi Yadav 2.

Vishundev Yadav @ Vishnu Yadav @ Bishnudeo Yadav, Son of Late Ganeshi Yadav, Both Resident of Village - Tetrahi, P.s.- Bithan, Distt.- Samastipur.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Chandra Shekhar Anand For the Respondent/s :

Mr. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 04-06-2019 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for regular bail vide order dated 18.03.2019 in Bithan P.S. Case No. 56 of 2018 passed by the learned Special Judge S.C./S.T. (POA) Act, Samastipur in connection with the aforesaid case registered under Sections 302, 323, 504, 506/34 of the Indian Penal Code as well as Sections 3(1)(r)(s) of the SC/ST Act.

The allegation of commission of murder of the father of the informant is against Braham Yadav. The appellants were member of the unlawful assembly.

Patna High Court CR. APP (SJ) No.1714 of 2019 dt.04-06-2019 2/2 Hence, let the appellants, above named, be released on bail after completion of investigation on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) each 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 appellants 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 appellants 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 07.06.2019 Transmission Date 07.06.2019