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Patna High CourtCR. APP (SJ)/376/2018allowed

Mohril Yadav v. The State Of Bihar

2018-03-09Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.376 of 2018 Arising Out of PS.Case No. -821 Year- 2017 Thana -BANKA District- BANKA ======================================================

1. Mohril Yadav S/o Late Govind Yadav, R/o Mohalla- Vijay Nagar, Ward No. 21, P.S.- Banka, District- Banka.

.... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Rajiv Kumar Singh, Advocate For the Respondent/s : Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-03-2018 Heard learned counsel for the parties.

This is an appeal under Section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail by the learned 1st Additional Sessions Judge-cum-Special Judge, Banka, in connection with Banka Police Station Case No.821 of 2017 registered under Section 302/34 of the Indian Penal Code and Section 3(ii)(VA) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

When the informant came to his house he found the dead-body of his son partially wrapped with a Sari. Informant suspected that the appellant and others committed the murder. Learned counsel for the informant opposed the prayer

Patna High Court CR. APP (SJ) No.376 of 2018 (3) dt.09-03-2018 P2/ for bail.

Only material against the appellant is suspicion. 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