Baleshwar Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3264 of 2017 Arising Out of PS.Case No. -119 Year- 2016 Thana -ROSHANGAANJ District- GAYA ======================================================
1. Baleshwar Yadav, Son of Late Tarmani Yadav.
2. Lakhan Yadav, Son of Firangi Yadav.
Both Resident of Village-Makada, P.S.-Raushanganj, District-Gaya. .... .... Appellants
Versus
The State of Bihar .... .... Respondent ====================================================== Appearance :
For the Appellant/s : Mr. Vinod Kumar, Adv. For the Respondent/s : Mr. Binay Krishna, SPP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-01-2018 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 by the learned Special Judge, S.C./S.T. Act, Gaya, in connection with Raushanganj Police Station Case No.119 of 2016 registered under Sections 147,148,149,341,323,325,307,354,379,504,506 of the Indian Penal Code and Section 3(i) (X) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Allegation against the appellants is of commission of assault on the non-vital part of the body as well as attempt to commit arson.
Considering the nature of allegation, in my view, the appellants deserve for bail. The impugned order is set aside and
Patna High Court CR. APP (SJ) No.3264 of 2017 (6) dt.29-01-2018 the appellants, above named, are directed to 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 Raushanganj Police Station Case No.119 of 2016, with condition that the appellants 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 appellants.
Accordingly, the appeal stands allowed.
(Birendra Kumar, J) Nitesh/- U T