Patna High CourtCR. APP (SJ)/3587/2018allowed

Mantu Kumar Yadav v. The State Of Bihar

2018-09-24Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3587 of 2018 Arising Out of PS.Case No. -25 Year- 2018 Thana -JANKINAGAR District- PURNIA =========================================================== Mantu Kumar Yadav son of Bijendra Yadav, R/o. village- Binova Gram, Mathura Tola, P.S. Jankinagar, District- Purnea .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Amit Kumar Anand, Advocate For the Respondent/s : Mrs. Usha Kumari No.1, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 24-09-2018 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 vide order dated 13.08.2018 passed by the learned 1st Additional Sessions Judge-cum-Special Judge (S.C./S.T. Act), Purnea, in Special SC/ST Case No.38 of 2018, arising out of Jankinagar Police Station Case No.25 of 2018, registered under Sections 302/120B of the Indian Penal Code, Section 27 of the Arms Act and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The allegation of commission of fire-arm injury which resulted in death is against co-accused Md. Mojib and Amrendra Yadav as well as Md. Ajmer. Allegation against the appellant and

Patna High Court CR. APP (SJ) No.3587 of 2018 dt.24-09-2018 P2/ others is of surrounding the deceased at the time of firing. Considering the nature of allegation as well as period already undergone by the appellant, 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./- AFR/NAFR NAFR CAV DATE NA Uploading Date27.09.2018 Transmission Date 27.09.2018