Patna High CourtCR. APP (SJ)/1792/2018allowed

Jay Kumar Yadav v. The State Of Bihar

2018-07-30Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1792 of 2018 Arising Out of PS.Case No. -10 Year- 2017 Thana -SC/ST District- BANKA ===========================================================

1. Jay Kumar Yadav, Son of Karbin Yadav, Resident of Village- Geratikar, P.S.- Fullidumar, District- Banka.

.... .... Appellant/s

Versus

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

For the Appellant/s : Md. Nurul Hoda, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 30-07-2018 Heard learned counsel for the parties.

This is an appeal under Section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail vide order dated 13.04.2018 passed by the learned Additional Sessions Judge-I, Banka, in connection with SC/ST Police Station Case No.10 of 2017, registered under Sections 302/201 of the Indian Penal Code and Sections 3(ii)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Only material against the appellant is suspicion for the reason that the deceased was a driver of the JCB vehicle owned by the appellant and Rs.80,000/- wages was due with the appellant.

Patna High Court CR. APP (SJ) No.1792 of 2018 dt.30-07-2018 P2/ Considering the fact that there is no substantial material against the appellant, 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 the appellant 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 appellant.

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

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date01.08.2018 Transmission Date 01.08.2018