Satendra Prasad Yadav @ Guni Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5520 of 2019 Arising Out of PS. Case No.-418 Year-2019 Thana- SIRDALA District- Nawada ====================================================== Satendra Prasad Yadav @ Guni Yadav Son of Late Ram Kishun Yadav Resident of Village - Bardaha, P.S.- Sirdalla, Distt.- Nawada. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Anish Kumar For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-12-2019 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 anticipatory bail by order dated 16.11.2019 in A.B.P.No.1523 of 2019 by the learned Additional Sessions Judge-I, Nawada in connection with Sirdala P.S.Case No.418 of 2019 under Sections 279, 337, 338 and 504 of the Indian Penal Code and Sections 3(i)(r)(s) of SC/ST Act.

The four wheeler of the appellant dashed against the motorcycle of the informant causing injury and damage. In the aforesaid background, allegation is that the appellant abused by taking caste name to the informant.

Submission is that the informant is not known to the

Patna High Court CR. APP (SJ) No.5520 of 2019(2) dt.16-12-2019 2/2 appellant since before and just to make the attribution more serious, the FIR has been exaggerated.

Hence, let the above named appellant, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with the aforesaid case, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure 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) B.Kr./- U T