Patna High CourtCR. APP (SJ)/1817/2018allowed

Mahendra Yadav v. The State Of Bihar

2018-07-06Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1817 of 2018 Arising Out of PS.Case No. -31 Year- 2014 Thana -SC/ST District- BANKA ===========================================================

1. Mahendra Yadav, Son of Late Pitamber Yadav, Resident of Village- Behrar, P.S. Chandan (Amarpur O.P.) District- Banka.

.... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Brij Nandan Prasad, Adv For the Respondent/s : Smt. Usha Kumari No.1, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 06-07-2018 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 26.04.2018 by the learned Additional Sessions Judge-I, Banka, in connection with G.R.No.1334 of 2014 (corresponding to Banka SC/ST Police Station Case No.31 of 2014) registered under Sections 341,323,504,506,354/34 of the Indian Penal Code and Section 3 (i) (IV)(X)(XI) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Considering the nature of allegation of the Indian Penal Code which are almost bailable as well as considering the

Patna High Court CR. APP (SJ) No.1817 of 2018 dt.06-07-2018 2/2 land dispute as background of the allegation, 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 Date10.07.2018 Transmission Date 10.07.2018