Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4756 of 2021 Arising Out of PS. Case No.-83 Year-2021 Thana- DELHA District- Gaya ====================================================== SANDEEP KUMAR Son of Late Shiv Nandan Yadav Resident of Village - Atiya, P.S.- Magadh University Gaya (Bodh Gaya), Distt.- Gaya. ... ... Appellant/s

Versus

THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Vijay Kumar Sinha, Adv.

For the Respondent/s :

Mr.Binay Krishna, Spl.P.P.

Mr.Vishwa Ranjan Choudhary, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-05-2022 Heard learned counsel for the appellant, informant and learned Special Public Prosecutor.

Learned counsel for the appellant undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.

This is an appeal under section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2016 (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer for bail vide order dated 21.10.2021, passed by learned Special Judge (SC/ST

Patna High Court CR. APP (SJ) No.4756 of 2021(2) dt.05-05-2022 2/3 Act), Gaya in connection with Delha P.S. Case No. 83 of 2021, registered under Sections 406 and 420 of the IPC and Sections 3(i) (s) (r) and 3 (2) (va) of SC/ST Act. It is submitted by learned counsel for the appellant that the appellant is innocent and has been falsely implicated in this case. He submits that the appellant has deposited the entire amount in favour of the informant in Najarat. He submits that a compromise petition was also filed before the learned Court below. Similarly situated co-accused namely Ramashish Yadav has been enlarged on bail by this Court vide order dated 10.03.2022 passed in Cr. Appeal (SJ) No.4630 of 2021. He further submits that appellant has no criminal antecedent as stated in para-3 of this appeal and he is languishing in judicial custody since 01.09.2021. Learned Spl. PP for the State and informant fairly submit that the said amount has been deposited in the Najarat by the appellant and that there is a compromise between the parties.

Considering the facts and circumstances of the case, the above named appellant, is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the

Patna High Court CR. APP (SJ) No.4756 of 2021(2) dt.05-05-2022 3/3 satisfaction of the learned Special Judge (SC/ST Act), Gaya in connection with Delha P.S. Case No. 83 of 2021. Accordingly, the impugned order is set aside and the appeal is allowed.

(Anjani Kumar Sharan, J) pallavi/- U T