Nagina Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.38 of 2021 Arising Out of PS. Case No.-338 Year-2019 Thana- BAIRIYA District- West Champaran ====================================================== NAGINA YADAV Son of Late Shravan Yadav Resident Of Village Bhediharwa P.S. Bairiya Disttrict West Champaran ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Bimlesh Kumar Pandey, Adv For the Respondent/s :

Mr.Vinay Krishna, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-03-2021 Let the defects be removed within four weeks. 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 30.05.2020 in B.P. No.1256 of 2020 passed by the learned Additional District and Sessions Judge 1st -cum- Special Judge, Bettiah, West Champaran, in connection with Bairiya Police Station Case No.338 of 2019 registered under Sections 447,341,323,324,307,379,504 and 506/34 of the Indian Penal Code, and Sections 3(i)(r)(v)of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Allegation of commission of injury at the head of Mohan is against co-accused-Hira Yadav, who has already been allowed bail by a Coordinate Bench of this Court. Appellant

Patna High Court CR. APP (SJ) No.38 of 2021(2) dt.03-03-2021 2/2 bears general and omnibus allegation of commission of assault. Appellant has got no criminal antecedent.

Let the appellant, above named, 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 Court-below 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 and also the appellant shall not leave the country without permission of the learned Trial Court, 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/- U T