Shatrughan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.470 of 2018 Arising Out of PS.Case No. -101 Year- 2014 Thana -BAKHTIARPUR District- SAHARSA ======================================================
1. Shatrughan Yadav, Son of Late Bhagwat Pd. Yadav, Resident of Village-Allouli, Police Station-Allouli, District-Khagaria. .... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Shekhar Kumar Singh, Advocate For the Respondent/s : Mr. Sadanand Paswan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-03-2018 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 Additional Sessions Judge 1st -cum-Special Judge (S.C./S.T. Act), Saharsa, in connection with Bakhtiyarpur Police Station Case No.101 of 2014 registered under Sections 147/148/149/302 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Allegation in the FIR is that about ten persons headed by Krishna Yadav committed murder of Solu Sada. The doctor has found single fire-arm injury.
Patna High Court CR. APP (SJ) No.470 of 2018 (3) dt.22-03-2018 P2/ Considering the fact that co-accused Kishore Sah and others have been allowed bail by a coordinate Bench of this Court, vide Annexure-2, and there is no eyewitness of the actual occurrence , 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