Om Prakash Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.943 of 2018 Arising Out of PS.Case No. -395 Year- 2017 Thana -NARPATGANJ District- ARRARIA ======================================================
1. Om Prakash Yadav S/o Kewal Yadav Resident of Village Bela, Ward No. 8 P.S. Narpatganj (Basmatiya) District Araria ..... .... Appellant/s
Versus
1. The State of Bihar. .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Anil Prasad Singh, Adv For the Respondent/s : Mr. Binay Krishna,SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 02-04-2018 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 the learned 1st Addl. Sessions Judge-cum-Special Judge, Araria, in connection with Suppl. Spl. Case No.320 of 2017 arising out of Narpatganj (Basmatia) Police Station Case No.395 of 2017 registered under Sections 341, 323, 379, 354B, 414/34 of the Indian Penal Code. Later on Sections 3 (i)(w)(i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The allegation under the Penal Code is general and omnibus against the appellant and others. Appellant is in custody since 04.02.2018.
Considering the general and omnibus nature of commission of assault, theft and attempt to outrage the
Patna High Court CR. APP (SJ) No.943 of 2018 (2) dt.02-04-2018 modesty, 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 appeal stands allowed.
(Birendra Kumar, J) Nitesh/- U T