Amar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2372 of 2022 Arising Out of PS. Case No.-28 Year-2022 Thana- SALAKHUA District- Saharsa ====================================================== Amar Yadav Son of Dilo Yadav @ Dileshvar Prasad Yadav, Resident of Village - Nonha, Police Station - Mansi, District - Khagaria. ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Kedar Sada Son of Late Polo Sada, Resident of Ram Pokhar, Police StationSalkhua (O.P. Banma Ithari, District - Saharsa. ) ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Viveka Nandsingh, Adv.
For the Respondent/s :
Ms. Usha Kumari 1, Spl.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 30-11-2022 Let the defect(s), if any, be removed within two weeks from today.
Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.
The present appeal has been preferred under section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail vide order dated 08.06.2022 in Special Case No. 41 of 2022 arising out of Salkhua P.S. Case No. 28 of 2022 for the alleged offence under sections 341, 323 and 307/34 of the Indian Penal Code read with sections 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 27 of the Arms Act.
As per prosecution, the allegation of abuse has been made against the informant and also of firing from which no one was
Patna High Court CR. APP (SJ) No.2372 of 2022 dt.30-11-2022 2/3 injured.
Learned counsel for the appellant submits that appellant has not injured to anybody, as such section 307 of I.P.C. is not made out. Learned counsel further submits that the appellant is in custody since 27.02.2022 and charge sheet has already been filed in this case. Learned counsel further submits that there are 4 criminal cases pending against the present appellant and he is on bail in all the cases.
Learned Special Public Prosecutor opposes the prayer for bail.
In the present facts and circumstances of the case and the submissions made above, let the appellant above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 3rd, Saharsa-cum-Special Judge, SC/ST (Prevention of Atrocities) Act, in Special Case No. 41 of 2022 arising out of Salkhua P.S. Case No. 28 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed. In case of non-appearance for two consecutive dates
Patna High Court CR. APP (SJ) No.2372 of 2022 dt.30-11-2022 3/3 without sufficient cause, his bail shall be cancelled. B. One of the bailors shall be close relative who shall file an affidavit before the court about his relationship with the petitioner.
C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.
Accordingly, the impugned order dated 08.06.2022 passed in Special Case No. 41 of 2022 arising out of Salkhua P.S. Case No. 28 of 2022 for the alleged offence under sections 341, 323 and 307/34 of the Indian Penal Code read with sections 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 27 of the Arms Act is set aside and the present Cr. Appeal (SJ) stands allowed. (Dr. Anshuman, J.) ravishankar/- AFR/NAFR CAV DATE Uploading Date Transmission Date