Brajesh Yadav @ Hakara v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2950 of 2018 Arising Out of PS.Case No. -245 Year- 2016 Thana -BIHPUR District- BHAGALPUR ===========================================================
1. Brajesh Yadav @ Hakara S/o Late Ram Swaroop Yadav, R/o Vill.- Lattipur, P.S.- Bihpur, District- Bhagalpur.
.... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Dr. Manoj Kumar, Advocate For the Respondent/s : Mr. Sadanand Paswan, 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 19.06.2018 passed by the learned 3rd Additional Sessions Judge, Bhagalpur, in connection with Bihpur Police Station Case No.245 of 2016, registered under Sections 364/307/386/387/120B/34 of the Indian Penal Code, Section 27 of the Arms Act and Section 5(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Allegation is that the appellant and others abducted the victim for ransom and thereafter the appellant fired causing injury at
Patna High Court CR. APP (SJ) No.2950 of 2018 dt.24-09-2018 P2/ his back. Informant is victim of the crime. Appellant is in custody since 24.09.2016. Appellant has stated on oath that he has got no criminal antecedent and there is no eyewitness of the occurrence. Considering the nature of allegation and the period of already undergone, 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 Date26.09.2018 Transmission Date 26.09.2018