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Patna High CourtCR. APP (SJ)/1190/2017allowed

Sanjay Yadav v. The State Of Bihar

2017-05-17Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1190 of 2017 Arising Out of PS.Case No. -226 Year- 2015 Thana -ATRI District- GAYA ====================================================== Sanjay Yadav, son of Sidheshwar Yadav, resident of Village- Kajur Tola, (Ful Bigha), P.S.- Atri, District- Gaya.

.... .... Appellant/s

Versus

The State of Bihar.

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

For the Appellant/s : Mr. Ajay Kumar Sinha For the Respondent/s : Mr. Binay Krishna, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-05-2017 Heard learned counsel for the appellant.

The appellant seeks regular bail in connection with Atri P.S. Case No. 226 of 2015, registered for offences punishable under Section 14A of the SC/ST (Prevention of Atrocities) Amendment Act, 2015.

The allegation against the appellant is of assault by Khanti on the shoulder of the informant and there are also allegations against other accused persons.

It is submitted on behalf of the appellant that the injury caused to the informant is not on the vital part of the body and there is no repetition of the blow which will appear from the impugned order which shows only one injury on the person of the informant.

Heard learned A.P.P. also.

Having heard both sides and in view of the

Patna High Court CR. APP (SJ) No.1190 of 2017 (2) dt.17-05-2017 2/2 allegations and the appellant has remained in custody for about three months, let the appellant, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the the Special Judge, SC/ST, Gaya in connection with Atri P.S. Case No. 226 of 2015.

With following conditions :

(i) One of the bailors of the appellant shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The appellant will not induce any witness or tamper with the evidence.

(iii) The appellant shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

The appeal is, accordingly, allowed.

(Vinod Kumar Sinha, J) S.Pandey/- U T