Dayanand Yadav @ Dayanand Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1503 of 2018 Arising Out of PS.Case No. -336 Year- 2017 Thana -PIRPAINTI District- BHAGALPUR =========================================================== Dayanand Yadav @ Dayanand Kumar, son of Arun Yadav, the resident of Village- Athaniya, P.S.- Pirpainty, Distt.- Bhagalpur. .... .... Appellant/s
Versus
The State of Bihar.
.... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Swapnil Kumar Singh, Advocate For the Respondent/s : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 25-06-2018 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 " S.C/S.T Act") against the refusal of prayer for regular bail by the learned IVth Addl District Judge-cumSpecial Judge, S.C./S.T. Act, Bhagalpur in Pirpainty P.S. Case No.336 of 2017 registered under Sections 302, 201, 120 (B) of the Indian Penal Code as well as under Sections 3(2)(v) of the S.C./S.T. Act.
The informant got news that his son has been killed in a motor accident. When the informant reached at the place of occurrence the dead body was already sent for post-mortem. The
Patna High Court CR. APP (SJ) No.1503 of 2018 dt.25-06-2018 2/2 informant suspected that since the deceased had differences with a particular community to which the appellant belonged, the appellant took the deceased from the house and managed his murder. Submission of the learned counsel for the appellant is that there is no evidence of murder, nor anyone has seen the occurrence. Considering the aforesaid facts, 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 IVth Addl District Judge-cum-Special Judge, S.C./S.T. Act, Bhagalpur in Pirpainty P.S. Case No.336 of 2017.
Accordingly, the impugned order is set aside and this appeal stands allowed.
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