Moti Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.224 of 2018 Arising Out of PS.Case No. -187 Year- 2017 Thana -WARSALIGANJ District- NAWADA ======================================================

1. Moti Yadav S/o Chanirak Yadav, R/o Village- Murlachak, P.S.- Warisaliganj, District- Nawada.

.... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Sheo Kumar Prasad, Advocate For the Respondent/s : Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-03-2018 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 against the refusal of prayer for bail by the learned Additional Sessions Judge 1st -cum-Special Judge (S.C./S.T. Act), Nawada, in connection with Warshaliganj Police Station Case No.187 of 2017 registered under Section 302/34 of the Indian Penal Code and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The allegation of commission of murderous assault on Rinku Devi is against co-accused Shobha Devi and Sarashwati Devi. There is no such allegation against the appellant.

Patna High Court CR. APP (SJ) No.224 of 2018 (3) dt.05-03-2018 P2/ Hence, 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