Patna High CourtCR. APP (SJ)/3523/2019bail granted

Ratan Yadav v. The State Of Bihar

2019-08-26Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3523 of 2019 Arising Out of PS. Case No.-69 Year-2018 Thana- SAUR BAZAR District- Saharsa ====================================================== Ratan Yadav S/o Sabit Lal Yadav R/o village- Gwalpara Ward No. 08, P.S.- Gwalpara, District- Madhepura ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Pawan Kumar For the Respondent/s :

Mrs.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 26-08-2019 Heard learned counsel for the appellant and learned Spl. PP for the State.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the refusal of prayer for bail vide order dated 17.07.2019 passed by learned Addl. Sessions Judge-IIIcum-Special Judge, Saharsa in Sour Bazar (Patarghat O.P.) P.S. Case No. 69 of 2018 registered under Sections 302, 201, 120B/34 of the Indian Penal Code and Section 2(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Son of the informant is said to have been eliminated by some unknown miscreants while he had gone to drop her aunt at her maternal house.

It is submitted by learned counsel for the appellant

Patna High Court CR. APP (SJ) No.3523 of 2019(2) dt.26-08-2019 2/2 that the appellant has no concern with the aforesaid occurrence. He has been falsely implicated in this case. He is not named in the FIR. There is no cogent incriminating material on record indicating complicity of the appellant in the occurrence barring the confessional statement of co-accused Manjit Ram, which has no evidentiary value in the eye of law. Appellant has no criminal antecedent and has been languishing in custody since 08.06.2019.

Learned Spl. PP for the State opposed the prayer for bail.

In the facts and circumstances of the case, the above named appellant is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-III-cum-Special Judge, Saharsa in connection with Sour Bazar (Patarghat O.P.) P.S. Case No. 69 of 2018.

Accordingly, the impugned order is set aside and appeal is allowed.

(Prakash Chandra Jaiswal, J) rohit/- U T