Dhirendra Yadav @ Tunna Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1424 of 2018 Arising Out of PS.Case No. -374 Year- 2017 Thana -MURLIGANJ District- MADHEPURA ===========================================================
1. Dhirendra Yadav @ Tunna Yadav S/o Bhogi Yadav, R/o Vill.- Bishanpur, P.S.- Murliganj, Distt.- Madhepura.
.... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Chandra Mohan Jha, Advocate For the Respondent/s : Mrs. Usha Kumari No.I, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 11-05-2018 Heard learned counsel for the parties.
This is an appeal under Section 14(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail by the learned Special Judge (S.C./S.T. Act), Madhepura, in connection with H.A. Case No.485 of 2017, arising out of Murliganj Police Station Case No.374 of 2017 registered under Sections 302/120B/34 of the Indian Penal Code and Section 3(1)(r)(p) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Submission is that the FIR would reveal that some of the accused are named as perpetrator of the crime whereas some others are under suspicion. The appellant is not named in the FIR and
Patna High Court CR. APP (SJ) No.1424 of 2018 dt.11-05-2018 P2/ similarly situated co-accused Pappu Mandal @ Pankaj Mandal @ Pankaj Kumar has already allowed bail by this Court in Cr. Appeal (SJ) No.1312 of 2018 for the reason that only material in the casediary is suspicion. Considering the aforesaid fact, let the 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 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 appeal is allowed.
(Birendra Kumar, J) Mkr./- AFR/NAFR CAV DATE NA Uploading Date Transmission Date