Patna High CourtCR. APP (SJ)/3002/2018allowed

Suneshwar Yadav v. The State Of Bihar

2018-10-01Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3002 of 2018 Arising Out of PS.Case No. -9 Year- 2018 Thana -SC/ST District- JEHANABAD ===========================================================

1. Suneshwar Yadav, Son of Late Raja Ram Yadav, resident of Village Katharain P.S. Mehandia, District- Arwal.

.... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Paras Nath, Advocate For the Respondent/s : Mrs. Usha Kumari No.I, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 01-10-2018 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 19.07.2018 passed by the learned Additional Sessions Judge 1st, Jehanabad, in Arwal SC/ST Police Station Case No.9 of 2018, registered under Sections 341/323/307/504/506/34 of the Indian Penal Code and Section 3(1)(f)/3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

For land dispute the appellant allegedly gave iron blow at the head of the informant.

Submission is that there is no allegation of repetition

Patna High Court CR. APP (SJ) No.3002 of 2018 dt.01-10-2018 P2/ of blow. Appellant has got no criminal antecedent and he is in custody since 03.06.2018.

Considering the entire facts aforesaid, 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 Date04.10.2018 Transmission Date 04.10.2018