The Patna High Court allowed an appeal against the refusal of bail under the Prevention of Atrocities Act, ordering the appellant's release on bail with two sureties upon furnishing a bond of Rs. 20,000.
Appellant released on bail bond of Rs. 20,000 with two sureties of like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.3309 of 2017
Arising Out of PS.Case No. -17 Year- 2017 Thana -SALAIYA District- AURANGABAD
====================================================== Mahendra Yadav S/o. late Harihar Yadav, R/o. village- Hasanpur, P.S. Salaiya District- Aurangabad (Bihar)
.... .... Appellant/s Versus The State of Bihar .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Ranjit Kumar, Advocate For the Respondent/s : Smt Usha Kumari No-1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
3 15-12-2017
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 the learned 1st Additional Sessions Judge-cum-Special Judge (S.C./S.T. Act), Aurangabad, in connection with Salaiya Police Station Case No.17 of 2017 registered under Sections 147/436/427/506 of the Indian Penal Code and Section 3(i) (r)(w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
It appears that on identical footing some other coaccused Lalan Yadav and others have been allowed bail by a coordinate Bench of this Court in Cr. Appeal (SJ) No.3270 of 2017.
Learned counsel for the informant opposed the prayer
Patna High Court CR. APP (SJ) No.3309 of 2017 (3) dt.15-12-2017
P2/
for bail.
Hence, 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 Salaiya Police Station Case No.17 of 2017, 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 appeal stands allowed.
(Birendra Kumar, J)
Mkr./-
U T
1 issue framed by the court
Whether to allow the appeal against the refusal of bail under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
2 provisions across 2 enactments
Mahendra Yadav
The State of Bihar
BIRENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
