Baiju Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4443 of 2019 Arising Out of PS. Case No.-356 Year-2019 Thana- BODHGAYA District- Gaya ====================================================== BAIJU YADAV Son of Chauba Yadav Resident of Gulariya Chhak, P.S. Magadh Medical, District- Gaya (Bihar).
... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Sanjay Kumar, Advocate For the Respondent/s :
Mrs. Usha Kumari 1,SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-02-2020 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 02.09.2019 passed by the learned Exclusive Special Judge (S.C./S.T. Act), Gaya, in B.P. No. 197 of 2019, arising out of Bodhgaya Police Station Case No.356 of 2019, registered under Sections 341/323/504/385/379/34 of the Indian Penal Code and Sections 3(1)(g)(s)/2(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Submission is that entire allegation arises out of a dispute for transfer of land. The appellant is in custody since 09.09.2019. Investigation of the case is already complete.
Patna High Court CR. APP (SJ) No.4443 of 2019(3) dt.03-02-2020 2/2 Learned counsel for the informant opposed the prayer for bail on the ground that the appellant has got a criminal antecedent. The criminal antecedent is disclosed in paragraph-3 of the memo of appeal.
Considering the aforesaid facts, 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./- U T