Patna High CourtCR. APP (SJ)/599/2018allowed

Hulash Yadav v. The State Of Bihar

2018-02-28Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.599 of 2018 Arising Out of PS.Case No. -159 Year- 2016 Thana -KURSELA District- KATIHAR ====================================================== Hulash Yadav son of Nago Yadav, resident of village Madheli Jarlahi, P.S. Barari, Distt. Katihar, Presently residing at Village Madheli Bandh, P.S. Kursela, Distt Katihar .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Mukesh Kumar Jha For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-02-2018 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for regular bail by the learned Additional Sessions Judge-III-cum-Special Judge, Katihar in G.R. No. 4343 of 2016 (S.O.S.) arising out of Kursela P.S. Case No. 159 of 2016 registered under Sections 302, 201, 34 of the Indian Penal Code as well as Section 3(2)(v) of the SC/ST Act.

The FIR of the occurrence of murder is against un-known. After four months of the occurrence the informant raised suspicion against the appellant.

Hence, let the appellants, above named, be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with the aforesaid case, subject to the condition that the appellants shall fully cooperate with the investigation and

Patna High Court CR. APP (SJ) No.599 of 2018 (2) dt.28-02-2018 2/2 trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellants.

Accordingly, this appeal stands allowed.

(Birendra Kumar, J) sushma/- U