Nathuni Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1899 of 2018 Arising Out of PS.Case No. -31 Year- 2018 Thana -PAHARPUR DistrictEASTCHAMPARAN(MOTIHARI) ===========================================================
1. Nathuni Yadav, son of Late Kawleshwar Yadav, Resident of Village- Dakshin Nonia Pachhimwari Tola Ward No. 4, P.S.- Paharpur, District- East Champaran. .... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Ajay Nandan Sahay, Adv For the Respondent/s : Mr. Sadanand Paswan, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 13-07-2018 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 by order dated 09.05.2018 by the learned 1st Additional Sessions Judge-cum-Special Judge, East Champaran, Motihari, in connection with Paharpur Police Station Case No.31 of 2018 registered under Sections 147,149,341,323,504 of the Indian Penal Code and Section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Considering the nature of allegations under the Indian Penal Code which are mostly bailable, in my view, appellant deserves bail. Accordingly, let the appellant, above
Patna High Court CR. APP (SJ) No.1899 of 2018 dt.13-07-2018 2/2 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 both bailors shall be resident of territorial jurisdiction of the learned court below and further 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 this appeal stands allowed.
(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date16.07.2018 Transmission Date 16.07.2018