Ganesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3189 of 2018 Arising Out of PS. Case No.-53 Year-2018 Thana- SALAKHUA District- Saharsa ====================================================== Ganesh Yadav, Son of Suraj Yadav @ Suraj Narain Yadav, Resident of Village- Parasbani, P.S. Salkhua, District- Saharsa. ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Shiva Shankar Sharma For the Respondent/s :
Smt. Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 04-09-2018 Heard learned counsel for the parties.
This is an appeal under Section 14(2)(a) 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 vide order dated 03.07.2018 passed by the learned 1st Additional Sessions Judgecum-Special Judge-In-charge, Saharsa in Special Case No.87 of 2018, arising out of Salkhua (Banma Ithari O.P.) Police Station Case No.53 of 2018 registered under Sections 341, 323, 325, 379, 354, 307, 504/34 of the Indian Penal Code as well as Section 3(i)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Patna High Court CR. APP (SJ) No.3189 of 2018 dt.04-09-2018 2/2 For old land dispute the appellant and his full brother allegedly assaulted to the informant and committed theft of belongings on her person.
Submission is that false implication is there just to pressurize in the land dispute.
Considering the nature of allegation and the fact that investigation of the case is already complete, 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 court below where the case is pending in connection with the aforesaid case, subject to the 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 this appeal stands allowed.
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