Allowed

Singho Yadav @ Singeshwar Yadav v. The State of Bihar

Patna HC21 Feb 2019CR. APP (SJ)/4770/2018

Case brief

AI extract

What is this about?

This criminal appeal was heard regarding the refusal of bail under the SC & ST (Preventions of Atrocities) Act. The High Court allowed the appeal, setting aside the lower court's order and granting the appellant bail on furnishing a bond and complying with standard conditions.

What did the court decide?

Appellant released on bail of Rs. 20,000 with two sureties upon furnishing bond and complying with trial court conditions.

Singho Yadav @ Singeshwar Yadav Vs The State of Bihar — Caste Atrocities | Patna HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.4770 of 2018

¶2

Arising Out of PS. Case No.-299 Year-2017 Thana- BELHAR District- Banka

¶3

======================================================

¶4

Singho Yadav @ Singeshwar Yadav, son of Sitaram Yadav, Resident of Village- Badla , P.S.- Belhar, District- Banka.

¶5

... ... Appellant/s

¶6

Versus

¶7

The State of Bihar Bihar

¶8

... ... Respondent/s

¶9

====================================================== Appearance : For the Appellant/s : Mr.Vibhakar Kumar, Adv. For the Respondent/s : Mr.Binay Krishna (APP ======================================================

¶10

CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER

¶11

4 21-02-2019 Heard the parties.

¶12

This is an appeal under Section 14(A) of SC & ST (Prevention of Atrocities) Act, against the refusal of prayer for bail by order dated 04.10.2018 passed by learned 1st Additional Sessions Judge, Banka, in connection with Belhar P.S. Case No. 299 of 2017, G.R. No. 4233 of 2017, , registered under Sections 387, 504, 506/34 of the Indian Penal Code and Section 3 (1) (x) of SC /ST Act.

¶13

Informant has alleged that on 21.12.2017 at 6:30 P.M. F.I.R. named accused including appellant came to his house and pushed the door and abused in the name of caste. They threatened to kill her family members otherwise to pay Rs. 5 lacs.

¶14

It has been submitted on behalf of the appellant

¶15

Patna High Court CR. APP (SJ) No.4770 of 2018(4) dt.21-02-2019 2/3

¶16

that he is innocent and has been implicated in this case. There is no specific allegation against appellant. He has no criminal antecedent and is in custody since 03.09.2018.

¶17

Considering the aforesaid facts and circumstances of the case, let the appellant named above be released on bail upon 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, with following conditions :

¶18

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

¶19

(2) Appellant shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and their absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

¶20

(3) If the appellant tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the appellant.

¶21

Patna High Court CR. APP (SJ) No.4770 of 2018(4) dt.21-02-2019 3/3

¶22

Accordingly, the impugned order is set aside and this

¶23

appeal stands allowed.

¶24

(S. Kumar, J)

¶25

Rajiv/-

¶26

U T

Singho Yadav @ Singeshwar Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Singho Yadav @ Singeshwar Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rambalak Yadav Vs The State Of Bihar

Arbind Yadav @ Raju @ Raja Da Vs The State Of Bihar

Amiri Lal Yadav Vs The State Of Bihar

Arun Rai Vs The State Of Bihar

Prasadi Harijan Vs The State Of Bihar

Karan Kumar Vs The State Of Bihar