Manga Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3143 of 2021 Arising Out of PS. Case No.-390 Year-2020 Thana- NATHNAGAR District- Bhagalpur ====================================================== MANGA YADAV Son of Khokha Yadav Resident of Village - Karela, P.S.- Nathnagar (Madhusudanpur), District - Bhagalpur ... ... Appellant

Versus

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

For the Appellant/s :

Ms. Prakritita Sharma, Advocate For the Respondent/s :

Ms. Usha Kumari No. 1, Spl.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-09-2021 Let the defects be removed within four weeks of the start of the physical Court.

Heard the parties in virtual Court proceeding. 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 30.06.2021 passed by the learned 3rd Additional Sessions Judge cum Special Judge (SC/ST), Bhagalpur in connection with Nathnagar (Madhusudanpur) P.S. Case No. 390 of 2020 registered under Sections 341, 323, 386, 307, 504, 506, 34 of the I.P.C., Sections 25(1-b)a, 26, 27 of the Arms Act, Sections 3, 4 of the Explosive Act and Section 3(1)(r)(s) of the SC/ST Act.

Submission is that only allegation against the

Patna High Court CR. APP (SJ) No.3143 of 2021(2) dt.09-09-2021 2/2 appellant is of stopping the informant's motorcycle. Other allegations are against other co-accused who have already been allowed bail. Investigation of the case is already complete. Considering the facts aforesaid, let the appellant, above named, be released on bail, on furnishing bail bonds 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 following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The appellant shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant.

(c) The appellant shall not leave the country without permission of the trial Court.

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

(Birendra Kumar, J) shahzad/- U T