Arun Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2496 of 2018 Arising Out of PS.Case No. -null Year- null Thana -null District- KHAGARIA ===========================================================

1. Arun Yadav son of late Ram Kishun Yadav @ Ganush Yadav resident of village Akania, P.S. Mansi, Dist Khagaria.

.... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Hare Krishna Prasad, Advocate For the Respondent/s : Mrs. Usha Kumari No.1, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 05-09-2018 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 against the refusal of prayer for bail vide order dated 23.06.2018 passed by the learned Additional Sessions Judge-I-cum-Special Judge, Khagaria, in connection with Mansi Police Station Case No.18 of 2017, registered under Sections 147/148/149/323/ 341/ 324 / 379 /385 /354B/307 of the Indian Penal Code and Section 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

It appears that similarly situated some other coaccused have been allowed bail by the learned Court-below on

Patna High Court CR. APP (SJ) No.2496 of 2018 dt.05-09-2018 P2/ 18.08.2017. No special reason for refusal of bail to this appellant has been assigned in the impugned order. There is general and omnibus allegation of commission of assault and theft and demand of ransom in the background of the fact that cost of the ploughing of the field of the informant by the tractor of the appellant was due. Considering the fact of this case, 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 Date07.09.2018 Transmission Date 07.09.2018