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Patna High CourtCR. APP (SJ)/4644/2019allowed

Manoj Kumar Yadav v. The State Of Bihar

2020-01-29Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4644 of 2019 Arising Out of PS. Case No.-259 Year-2019 Thana- DAUDNAGAR District- Aurangabad ====================================================== MANOJ KUMAR YADAV Son of Late Devchnadra Yadav Resident of Village - Imamganj, P.S. - Daudnagar, District - Aurangabad ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Bachan Jee Ojha, Advocate For the Respondent/s :

Mr. Binay Krishna, Spl. P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 29-01-2020 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for regular bail vide order dated 03.09.2019 in Daudnagar P.S. Case No. 259 of 2019 passed by the learned 7th Additional Sessions Judge-cum-Special Judge (Excise), Aurangabad in connection with the aforesaid case registered under Sections 341, 323, 324, 504, 506 of the Indian Penal Code, Section 37(b)(c) of the Bihar Prohibition and Excise Act, 2016 as well as Sections 3(i) (r)(s) of the SC/ST Act.

Considering the nature of allegation and the fact that appellant is in custody since 10.08.2019 as well as the fact that investigation of the case is complete, let the appellant, above

Patna High Court CR. APP (SJ) No.4644 of 2019 dt.29-01-2020 2/2 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 following conditions:- (a) 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. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

(c) The appellant shall not leave the country without permission of the learned trial court.

Accordingly, the impugned order is set aside and this appeal stands allowed.

(Birendra Kumar, J) Kundan/- AFR/NAFR N.A.

CAV DATE N.A.

Uploading Date 31.01.2020 Transmission Date 31.01.2020