Illo Yadav @ Ilwa And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3907 of 2018 Arising Out of PS. Case No.-264 Year-2018 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ======================================================
1. Illo Yadav @ Ilwa, S/o Lakhan Yadav
2. Bahor Yadav, S/o Keetar Yadav Both are resident of VillageChandwara, P.S. Muffasil, District- Begusarai. ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Pravin Kumar, Advocate For the Respondent/s :
Mr. Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 30-11-2018 Heard learned counsel for the parties.
This is an appeal under Section 14A (1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for regular bail by the learned Special Judge, SC/ST Act, Begusarai, in Muffasil P.S. Case No. 264 of 2018, registered under Sections 302/34 of the Indian Penal Code as well as under Section 3 (ii) (va) of the SC/ST (Prevention of Atrocities) Act, 1989. The husband of the informant was taken away from his house by the appellants and in the morning dead body of the husband of the informant was noticed. Suspicion is that appellants have committed murder.
Beside the aforesaid weak circumstantial allegation
Patna High Court CR. APP (SJ) No.3907 of 2018(3) dt.30-11-2018 2/2 for the purpose of consideration of prayer for regular bail, there is no other material against the appellants. The appellant is in custody since 06.07.2018.
In view of the aforesaid fact that there is no allegation of tampering with the evidence against the appellants, let the appellants, 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, subject to the condition that the appellants 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 appellants.
Accordingly, the impugned order is set aside and appeal stands allowed.
(Birendra Kumar, J) khushbu/- U T