Ashok Yadav @ Bambam @ Bambam Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.4078 of 2018 Arising Out of PS. Case No.-71 Year-2018 Thana- SIRDALA District- Nawada ======================================================
1. Ashok Yadav @ Bambam @ Bambam Yadav, Son of Govind Yadav,
2. Yamuna Yadav, Son of Girdhari Yadav, Both resident of Village- Titahiya Tarh, P.S.- Rajauli, Dist.- Nawada. ... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Sudish Kumar, Advocate For the Respondent/s :
Smt Usha Kumari No-1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 07-12-2018 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 vide order dated 29.09.2018 passed by the learned 1st Additional Sessions Judge, Nawada, in Special (H) Case No.31 of 2018, arising out of Sirdala Police Station Case No.71 of 2018, registered under Sections 147/148/149/354A/307/302/504/506 of the Indian Penal Code and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Allegation against the appellants is that they
Patna High Court CR. APP (SJ) No.4078 of 2018 dt.07-12-2018 2/2 assaulted to the father of the informant with iron rod causing his death. The appellants are in custody since 05.03.2018. Earlier prayer for bail was refused on 13.07.2018 in Cr.Appeal (SJ) No.1497 of 2018 with liberty to renew the prayer for bail after framing of the charges. The charges have already been framed. Considering the aforesaid fact, let the appellants, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) each 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 the appellants shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellants.
Accordingly, the impugned order is set aside and appeal is allowed.
(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date 10.12.2018 Transmission Date 10.12.2018