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Patna High CourtCR. APP (SJ)/791/2021allowed

Vijay Yadav v. The State Of Bihar

2021-03-09Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.791 of 2021 Arising Out of PS. Case No.-390 Year-2019 Thana- BARACHATTI District- Gaya ====================================================== Vijay Yadav Son Of Brijnandan Yadav @ Brijnandan Prasad Resident Of VillMasaundha, P.S.- Mohanpur, Dist- Gaya. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Arvind Kumar Singh, Adv For the Respondent/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-03-2021 Let the defects be removed within four weeks. 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 12.11.2020 in B.P. No.276 of 2020 arising out of Barachatti (Mohanpur) P.S.Case No.390 of 2019 passed by the learned Exclusive Special Judge (S.C./S.T. Act), Gaya, registered under Sections 147,149, 342, 343, 323, 354, 384, 503, 504, 506 and 509 of the Indian Penal Code and later on also added Sections 3(i)(r)(s)(w)(i)(ii),3(ii)(v-a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Considering the nature of allegation, custody of the appellant since 14.09.2020, completion of investigation and fate of the trial after written compromise between the parties, let the

Patna High Court CR. APP (SJ) No.791 of 2021(2) dt.09-03-2021 2/2 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 and also the appellant shall not leave the country without permission of the learned Trial Court, 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/- U T