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Patna High CourtCR. APP (SJ)/4006/2018allowed

Satish Yadav @ Rintu Yadav @ Pintu Yadav v. The State Of Bihar

2018-12-17Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4006 of 2018 Arising Out of PS. Case No.-296 Year-2018 Thana- DURGAWATI District- Bhabhua (Kaimur) ====================================================== Satish Yadav @ Rintu Yadav @ Pintu Yadav Son of Agnu Yadav Resident of Village-Bichhiya,P.S. Durgawati, Distt.-Kaimur ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Sheo Kumar Prasad, Advocate For the Respondent/s :

Mr. Usha Kumari No-1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 17-12-2018 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 anticipatory bail vide order dated 4.9.2018 passed by the learned Additional Sessions Judge 1st Kaimur at Bhabhua, in A.B.P. No.1261 of 2018, arising out of Durgawati Police Station Case No. 296 of 2018, registered under Sections 341/323/353/506 of the Indian Penal Code and Section 3(i) (r) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The offences of the Indian Penal Code alleged

Patna High Court CR. APP (SJ) No.4006 of 2018 dt.17-12-2018 2/2 against the appellant are bailable. Submission is that the parties have entered into a compromise. The appellant has stated on oath that he has got no criminal antecedent.

Considering the submission aforesaid, let the appellant, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Courtbelow where the case is pending in connection with the aforesaid case, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as 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 the appeal is allowed.

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date 18.12.2018 Transmission Date 18.12.2018