Karelal Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.4220 of 2018 Arising Out of PS. Case No.-265 Year-2018 Thana- KHAGARIA District- Khagaria ====================================================== Karelal Yadav, S/o- Ramsevak Yadav, resident of village- Gangia, P.S. - Gangaur (Khagaria), District- Khagaria.
... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Ranjeet Kumar Singh For the Respondent/s :
Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 11-12-2018 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for regular bail vide order dated 05.09.2018 in G.R. No. 1150 of 2018 passed by the learned 1st Additional Sessions Judge-cum-Special Judge S.C./S.T. (POA) Act, Khagaria in connection with Khagaria (Gangaur) P.S. Case No. 265 of 2018 registered under Sections 341, 323, 307, 504, 506, 448/34 of the Indian Penal Code and Section 27 of the Arms Act as well as Section 3(i)(r)(s) of the SC/ST Act.
It appears that co-accused Dilip Yadav standing on similar footing to that of appellant, has already been allowed bail by this Court vide order dated 05.09.2018 passed in Cr. Appeal (SJ) No. 2738 of 2018.
Patna High Court CR. APP (SJ) No.4220 of 2018 dt.11-12-2018 2/2 Learned counsel for the informant opposed the prayer for bail on the ground that the appellant has got criminal antecedent.
Appellant is in custody since 23.05.2018. Investigation of the case is already complete. Considering the entire facts aforesaid, let the appellant, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with the aforesaid case, subject to the 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 as well as condition that both the bailors shall be resident of the territorial jurisdiction of the learned court below. Accordingly, the impugned order is set aside and this appeal stands allowed.
(Birendra Kumar, J) Kundan/Rajan AFR/NAFR N.A.
CAV DATE N.A.
Uploading Date 12.12.2018 Transmission Date 12.12.2018