Ram Sharan Yadav @ Ram Saran Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5196 of 2019 Arising Out of PS. Case No.-245 Year-2019 Thana- BALIYA District- Begusarai ====================================================== RAM SHARAN YADAV @ RAM SARAN YADAV Son of Amiri Yadav Resident of Village - Mathurapur, Ward No. 01, P.S. - Ballia, District - Begusarai.

... ... Appellant/s

Versus

THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Sandip Kumar Gautam, Advocate.

For the Respondent/s :

Mr.Binay Krishna, Spl.PP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-02-2020 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 vide order dated 22.10.2019 passed by learned Special Judge (SC/ST Act), Begusarai in Ballia P.S. Case No. 245 of 2019 registered under Sections 302, 504 and 323/34 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3(ii)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

According to F.I.R., three persons fired at the sister of the informant causing fire arm injury. In the further statement before the police, informant is specific that co-accused Prabhu

Patna High Court CR. APP (SJ) No.5196 of 2019(3) dt.03-02-2020 2/2 Yadav had caused fire arm injury. The doctor has found single fire arm injury.

Considering the aforesaid facts and completion of the investigation, let the appellant, above named, be released on bail, on furnishing bail bonds 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 following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) 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. (c) The appellant shall not leave the country without permission of the trial Court.

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

(Birendra Kumar, J) mantreshwar/- U T