Patna High CourtCR. APP (SJ)/4050/2018allowed

Manna Yadav v. The State Of Bihar

2018-12-06Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4050 of 2018 Arising Out of PS. Case No.-168 Year-2016 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== Manna Yadav, Son of Rajendra Yadav, Resident of Village- Safrullah Chak, P.S.- Mojahidpur (Babarganj), District- Bhagalpur. ... ... Appellant/s

Versus

The State of Bihar.

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

For the Appellant/s :

Mr. Anita Kumari Singh, Adv For the Respondent/s :

Mr. Binay Krishna,SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 06-12-2018 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 by order dated 05.07.2018 in Sessions Trial No.418 of 2017 arising out of Mojahidpur (Babarganj) P.S.Case No.168 of 2016 passed by the learned Additional District Judge-III-cum-Special Judge (S.C./S.T. Act), Bhagalpur, registered under Sections 302/201/34 of the Indian Penal Code and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The appellant is not named in the FIR. According to FIR, the FIR named accused person allegedly committed murder of son of the informant for land dispute.

Patna High Court CR. APP (SJ) No.4050 of 2018 dt.06-12-2018 2/2 Considering the aforesaid fact, 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 both bailors shall be resident of territorial jurisdiction of the learned court below and further 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 this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 07.12.2018 Transmission Date 07.12.2018