Satendra Yadav @ Satendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.4520 of 2018 Arising Out of PS. Case No.-4 Year-2017 Thana- GHOSI District- Jehanabad ====================================================== Satendra Yadav @ Satendra Kumar, son of Suresh Yadav, resident of villageKhirauti Dih, P.S.- Ghoshi, District- Jehanabad. ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Ashok Kumar For the Respondent/s :
Mr.Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 22-02-2019 This is an appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer of anticipatory bail dated 20.09.2018 passed by the learned 1st Addl. Sessions Judge, Jehanabad in ABP No. 1514 of 2018 arising out of Ghoshi P.S.Case No. 04 of 2017 registered under Sections 147,148,149,307, 323, 337, 504 and 509 of the Indian penal Code and Sections 3(i)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 27 of the Arms Act.
Allegation against the appellant and other accused persons is of assaulting the informant by lathi and danda and also made indiscriminate firing.
Patna High Court CR. APP (SJ) No.4520 of 2018 dt.22-02-2019 2/2 Submission of learned counsel for the appellant is that no specific allegation has been attributed against him and it's a case of counter blast to a case lodged by the appellant's side and the police after investigation not found the case true however cognizance has been taken.
Heard learned Spl. P.P also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the appellant, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Addl. Sessions Judge, Jehanabad in ABP No. 1514 of 2018 arising out of Ghoshi P.S.Case No. 04 of 2017; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. Accordingly, the appeal is allowed and the impugned order is set aside with respect to him.
(Vinod Kumar Sinha, J) sujit/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date