Kishori Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2385 of 2017 Arising Out of PS.Case No. -105 Year- 2017 Thana -GAYA MUFFSIL District- GAYA ====================================================== Kishori Yadav, son of Late Shukar Yadav, resident of Village- Gaura, Police Station- Muffassil, District- Gaya.

.... .... Appellant

Versus

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

For the Appellant/s : Mr. Manish Kumar No-2, Advocate For the Respondent/s : Mr. Binay Krishna, Special P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-09-2017 Heard learned counsel for the appellant and learned Special P.P. for the State.

This appeal has been filed for grant of bail in connection with Muffassil P.S.Case No. 105 of 2017 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 307, 302 of the Indian Penal Code and 3(2)(v)(a), 3(2)(v)(b), 3(2)(va) of SC/ST Amendment Act and for setting aside the order dated 20.7.2017 passed by Special Court, SC/ST Act, Gaya. Allegation against the appellant and 15 named accused and 10 unknown is of assaulting father and mother of informant causing their death.

Submission of learned counsel for the appellant is that nothing specific has been attributed against the appellant though

Patna High Court CR. APP (SJ) No.2385 of 2017 (3) dt.11-09-2017 2/3 he has been named along with 15 named accused and 10 unknown accused and he is in custody for more than five months having no criminal antecedent.

Learned Special P.P. and learned counsel for the informant have opposed the prayer for bail stating that two persons were killed.

Having heard both sides and in view of facts and circumstances, the appeal is allowed and the impugned order is set aside.

Let appellant, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Special Court, SC/ST Act, Gaya, in connection with Muffassil P.S. Case No. 105 of 2017, subject to the following conditions :- (1) One of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned, (2) Appellant will co-operate in trial and appear in court on each and every date fixed in the case and on failure to appear without any genuine ground or without

Patna High Court CR. APP (SJ) No.2385 of 2017 (3) dt.11-09-2017 3/3 permission of court, his bail bond shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U