Arvind Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.419 of 2018 Arising Out of PS.Case No. -101 Year- 2017 Thana -HASPURA District- AURANGABAD ======================================================

1. Arvind Yadav, Son of Rajnandan Yadav, resident of Village- Saidpur Moti Bigha, P.S.- Haspura, District- Aurangabad. .... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Bachan Jee Ojha, Advocate For the Respondent/s : Smt Usha Kumari No-1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-02-2018 Heard learned counsel for the parties.

This is an appeal under Section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail by the learned Additional Sessions Judge-I-cum-Special Judge (S.C./S.T. Act), Aurangabad, in connection with Haspura Police Station Case No.101 of 2017 registered under Sections 304/34 of the Indian Penal Code and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

On the persuasion of the appellant and others son of the informant had climbed on a palm tree. He fell down and died.

Considering the nature of material and allegation,

Patna High Court CR. APP (SJ) No.419 of 2018 (2) dt.17-02-2018 P2/ 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./- U T