Niraj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4092 of 2018 Arising Out of PS. Case No.-150 Year-2018 Thana- PIRPAINTI District- Bhagalpur ====================================================== Niraj Yadav, Son of Brahmanand Yadav, Resident of Village- Bakharpur, P.S.- Pirpainti, District- Bhagalpur.

... ... Appellant/s

Versus

The State of Bihar.

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

For the Appellant/s :

Mr. Rajive Ranjan Singh, Advocate For the Respondent/s :

Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 07-12-2018 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 vide order dated 19.09.2018 passed by the learned Special Judge (S.C./S.T. Act), Bhagalpur, in connection with Pirpainti (Bakharpur) Police Station Case No.150 of 2018, registered under Sections 341/323/379/307/504/506/34 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3(i)(r)/3(2) (v-a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The allegation against the appellant, who is agnate

Patna High Court CR. APP (SJ) No.4092 of 2018 dt.07-12-2018 2/2 of the informant, is of firing at the informant. However, no injury was caused. The appellant is in custody since 14.09.2018. Investigation of the case is already complete. The appellant has stated on oath that he has got no criminal antecedent.

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 NAFR CAV DATE NA Uploading Date 10.12.2018 Transmission Date 10.12.2018