Patna High CourtCR. APP (SJ)/3025/2017allowed

Sudhir Yadav v. The State Of Bihar

2017-12-19Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3025 of 2017 Arising Out of PS.Case No. -151 Year- 2017 Thana -ASHTHWAN District- NALANDA (BIHARSHARIFF) ====================================================== Sudhir Yadav S/o Bijali yadav, R/o Village- Oiyab, P.S.- Asthawan , District- Nalanda.

.... .... Appellant

Versus

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

For the Appellant/s : Mr. Raj Kishor Prasad, Adv. For the Respondent/s : Mr. Binay Krishna, SPP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-12-2017 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 by the learned 1st Additional Sessions Judge-cum-Special Judge (S.C./S.T. Act), Nalanda at Biharsharif, in connection with Asthawan Police Station Case No.151 of 2017 registered under Sections 341/323/364/365/504/506/120B of the Indian Penal Code and Section 3(i) (r)(s) (w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Allegation against the appellant is of abusing the informant by taking caste name.

Considering the nature of allegation and the period

Patna High Court CR. APP (SJ) No.3025 of 2017 (3) dt.19-12-2017 already undergone by the appellant, who is in custody since 21.07.2017, 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 Asthawan Police Station Case No.151 of 2017, 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 appeal stands allowed.

(Birendra Kumar, J) Nitesh/- U T