Patna High CourtMantu Kumar Yadav vs The State Of Bihar on 24 September, 2018Author:Birendra KumarBench:Birendra KumarIN THE HIGH COURT OF JUDICATURE AT PATNA

                      Criminal Appeal (SJ) No.3587 of 2018
            Arising Out of PS.Case No. -25 Year- 2018 Thana -JANKINAGAR District- PURNIA
===========================================================
Mantu Kumar Yadav son of Bijendra Yadav, R/o. village- Binova Gram, Mathura
Tola, P.S. Jankinagar, District- Purnea
                                                             .... .... Appellant/s
                                        Versus
The State of Bihar
                                                            .... .... Respondent/s
===========================================================
        Appearance :
        For the Appellant/s       : Mr. Amit Kumar Anand, Advocate
        For the Respondent/s      : Mrs. Usha Kumari No.1, SPP
===========================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
ORAL JUDGMENTDate: 24-09-2018

                Heard learned counsel for the parties.This is an appeal underSection 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 13.08.2018

   passed by the learned 1st Additional Sessions Judge-cum-Special

   Judge (S.C./S.T. Act), Purnea, in Special SC/ST Case No.38 of 2018,

   arising out of Jankinagar Police Station Case No.25 of 2018,

   registered underSections 302/120Bof the Indian Penal Code,Section

   27of the Arms Act andSection 3(i)(x)of the Scheduled Castes and

   Scheduled Tribes (Prevention of Atrocities) Act, 1989.The allegation of commission of fire-arm injury which

   resulted in death is against co-accused Md. Mojib and Amrendra

   Yadav as well as Md. Ajmer. Allegation against the appellant and
          Patna High Court CR. APP (SJ) No.3587 o f 2018 dt.24-09-2018

                                                    P2/




                  others is of surrounding the deceased at the time of firing.Considering the nature of allegation as well as period

                  already undergone by the appellant, 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 Date 27.09.2018
Transmission 27.09.2018
Date