Keshar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5464 of 2019 Arising Out of PS. Case No.-76 Year-2019 Thana- IMAMGANJ District- Gaya ====================================================== KESHAR YADAV Son of Late Mahabir Yadav Resident of Village- Chhakar Bandha Bhandar, P.S.- Imamganj, District- Gaya. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Birendra Kumar, Advocate.

For the Respondent/s :

Mr.Binay Krishna, APP.

====================================================== 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 16.11.2019 passed by the learned Exclusive Special Judge, SC/ST, Gaya in B.P. No. 300 of 2019, arising out of Imamganj P.S. Case No. 76 of 2019 registered under Sections 341, 323, 504, 506, 456 and 354B of the Indian Penal Code and Sections 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Submission is that there is general and omnibus allegation against nine persons. Appellant is in custody since 04.11.2019. Investigation of the case is already complete. Other co-accused have been allowed bail by a co-ordinate Bench of

Patna High Court CR. APP (SJ) No.5464 of 2019(3) dt.03-02-2020 2/2 this Court vide order dated 18.11.2019 passed in Cr. Appeal (SJ) No. 4271 of 2019.

Considering the aforesaid facts, 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