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Patna High CourtCR. APP (SJ)/4769/2019allowed

Brij Narayan Yadav @ Brij Yadav @ Vrij Narayan Yadav v. The State Of Bihar

2020-01-06Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4769 of 2019 Arising Out of PS. Case No.-60 Year-2015 Thana- SC/ST District- Siwan ====================================================== Brij Narayan Yadav @ Brij Yadav @ Vrij Narayan Yadav Son of Late Fagu Choudhary @ Fagu Yadav Resident of Village - Siswa, P.S.- Nawtan, DistrictSiwan, Presently resident of Mohalla - Basdeva, Jagdishpur, P.O.- Jagdishpur Kothi, P.S-Nawtan,District - Siwan ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Ranjan Kumar Dubey, Advocate For the Respondent/s :

Mr. Sadanand Paswan, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 06-01-2020 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 against the refusal of prayer for bail vide order dated 24.09.2019 by the learned Additional Sessions Judge 1st -cum-Special Judge, Siwan, in Special Case No.259 of 2017, arising out of Siwan SC/ST Police Station Case No.60 of 2015, registered under Sections 341/323/448/379/504 of the Indian Penal Code and Section 3(i) (r)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The appellant is in custody since 31.08.2019.

Patna High Court CR. APP (SJ) No.4769 of 2019 dt.06-01-2020 2/2 Considering the nature of allegation in the FIR wherein offences alleged under the Indian Penal Code are mostly bailable as well as considering the fact that FIR is based on complaint petition, 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./- AFR/NAFR NAFR CAV DATE NA Uploading Date 07.01.2020 Transmission Date 07.01.2020