Bato Yadav @ Batan Yadav @ Badhan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4805 of 2019 Arising Out of PS. Case No.-17 Year-2019 Thana- SC/ST District- Bhagalpur ====================================================== 1.

Bato Yadav @ Batan Yadav @ Badhan Yadav Son of Late Ram Yadav 2.

Sanjit Yadav @ Ranjit Yadav @ Sanjit Kumar Yadav Son of Bato Yadav @ Batan Yadav Both Resident of Village - Narayanpur, P.S.- Bhawanipur, DistrictBhagalpur ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Viveka Nand Singh, Advocate For the Respondent/s :

Mr.Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-02-2020 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 by the learned 3rd Additional Sessions Judge-cum-Special Judge (S.C./S.T. Act), Bhagalpur, in connection with Naugachia Police Station Case No.17 of 2019, registered under Sections 341/323/307/447/504/506/34 of the Indian Penal Code and Section 3(1)(r)(s)/3(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

According to FIR, appellant No.1 gave blow with a lathi at the head of the informant. The doctor has found

Patna High Court CR. APP (SJ) No.4805 of 2019(4) dt.13-02-2020 2/2 swelling at the head. The appellants are in custody since 25.07.2019. Investigation of the case is already complete. There is no allegation of repetition of blow. There is no allegation of assault against appellant No.2 Sanjit Yadav @ Ranjit Yadav.

Considering the aforesaid facts, let the appellants, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) each 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 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. The appellants shall not leave the country without permission of the trial Court.

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

(Birendra Kumar, J) Mkr./- U T