Released on bail the appellant in a criminal appeal regarding offences under IPC and Scheduled Castes and Tribes (Prevention of Atrocities) Act set aside the rejection of bail claim due to delay beyond the previous order timeframe.
The appellant is released on bail on furnishing bail bond of Rs. 25,000 with two sureties of like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1845 of 2020
Arising Out of PS. Case No.-238 Year-2018 Thana- AKBARPUR District- Nawada
======================================================
RAHUL YADAV @ RAJIV RANJAN S/o ----------- Village- Khaira, P.S.Akbarpur, District- Nawada
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr.Indradeo Prasad, Advocate For the Respondent/s : Mr.Sadanand Paswan, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
2 01-12-2020 Heard learned counsel for the appellant and the
State.
The appellant is aggrieved by the order dated 16.06.2020 passed by the Additional Sessions Judge-I-cumSpecial Judge, SC/ST Act, Nawada in Akbarpur P.S. Case No. 238 of 2018, Special Case No. 171 of 2018, registered for the offences under Sections 148, 149, 307, 302 IPC, 27 Arms Act and 3(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby prayer for grant of regular on behalf of the appellant has been rejected.
Learned counsel appearing on behalf of the appellant would submit that the it is 4th attempt of the appellant. Earlier the Cr. Appeal (SJ) No. 1864 of 2019 was dismissed on 1.8.2019 with with a direction to the court below to conclude
Patna High Court CR. APP (SJ) No.1845 of 2020(2) dt.01-12-2020 2/2
the trial within nine months after framing of charge. Thereafter the appellant moved second time but the appeal was dismissed for default.
Since the appellant has approached this Court after nine months in the light of the order dated 1.8.2019 passed in Cr. Appeal (SJ) No. 1864 of 2019, the impugned order dated 16.6.2020 is set aside the appeal is, accordingly, allowed.
Let the appellant, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-I-cum- Special Judge SC/ST Act, Nawada in connection with Akbarpur P.S. Case No. 238 of 2018, Special Case No. 171 of 2018.
(Anil Kumar Upadhyay, J)
spandey/-
U T
2 issues framed by the court
Whether the impugned order rejecting the prayer for regular bail is liable to be set aside given the delay in approaching this Court?
Whether the appellant should be released on bail upon furnishing the required security?
3 provisions across 3 enactments
Rahul Yadav @ Rajivan
The State of Bihar
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
