Chamaru Yadav @ Chandar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1733 of 2018 Arising Out of PS.Case No. -16 Year- 2017 Thana -AMARPUR District- BANKA =========================================================== Chamaru Yadav @ Chandar Yadav S/o Late Laungi Yadav, R/o Vill.- Belsira, P.S.- Fullidumar, District- Banka.

.... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Ajay Mukherjee, Advocate Mr. Ganesh Sharma, Advocate For the Respondent/s : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 25-06-2018 Heard learned counsel for the parties.

This is an appeal under Section 14A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the " S.C/S.T Act") against the refusal of prayer for regular bail by the learned 1st Additional Sessions Judge, Banka in G.R. Case No.135 of 2017, arising out of Amarpur (Fullidumar) P.S. Case No.16 of 2017 registered under Section 302/34 of the Indian Penal Code as well as under Section 27 of Arms Act and Sections 3(2)(V) of the S.C./S.T. Act.

The allegation of commission of firearm injury at the thigh of the deceased is against co-accused Pappu Yadav. The injury resulted in profuse bleeding, causing death. The appellant is named as

Patna High Court CR. APP (SJ) No.1733 of 2018 dt.25-06-2018 2/2 a member of the unlawful assembly. Similarly situated co-accused persons, namely, Barun Yadav and Ashok Yadav, have already been granted bail by this Court, vide Criminal Appeal (SJ) No. 884 of 2018.

Considering the aforesaid facts, let the appellant, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Banka in G.R. Case No.135 of 2017, arising out Amarpur (Fullidumar) P.S. Case No.16 of 2017.

Accordingly, the impugned order is set aside and this appeal stands allowed.

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