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Patna High CourtCR. APP (SJ)/364/2018allowed

Arun Yadav v. The State Of Bihar

2018-02-16Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.364 of 2018 Arising Out of PS.Case No. -111 Year- 2017 Thana -GADHPURA District- BEGUSARAI ======================================================

1. Arun Yadav S/o Daya Nand Yadav @ Daya Ram Yadav, R/o VillageRajour, P.S.- Garhpura, District- Begusarai. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Sandip Kumar Gautam For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-02-2018 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 by the learned Special Judge (S.C./S.T.), Begusarai in Garhpura P.S. Case No. 111 of 2017 registered under Sections 147, 148, 149, 341, 323, 307, 354B, 325, 435, 427, 504, 506 of the Indian Penal Code as well as Section 3(1)(g)(w) of the SC/ST Act.

There is general and omnibus allegation against the appellant of commission of abuse and assault. Specific allegation of commission of assault is against co-accused. Perused the FIR and injury report.

Learned counsel for the informant opposed the

Patna High Court CR. APP (SJ) No.364 of 2018 (2) dt.16-02-2018 2/2 prayer for bail.

Considering the nature of allegation and the material available on the record, in my view, the appellant deserves regular bail, hence, 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 and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant.

Accordingly, this appeal stands allowed.

(Birendra Kumar, J) Kundan/- U T