Prahlad Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2003 of 2021 Arising Out of PS. Case No.-598 Year-2020 Thana- MUFFASIL District- West Champaran ====================================================== 1.
PRAHLAD MAHTO Son of Baksar Mahto 2.
RAMLAKHAN MAHTO Son of Late Jiut Mahto Both are Resident of Village - Barwat Sena, P.S. - Bettiah (Muffasil), Distt. - West Champaran.
... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Bimlesh Kumar Pandey, Advocate For the Respondent/s :
Mr. Sadanand Paswan, Spl. P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 27-07-2021 Heard the parties in virtual Court.
Let the defects be removed within four weeks after start of the physical Court.
This is an appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for regular bail vide order dated 21.01.2021 in B.P. No. 69 of 2021 passed by the learned 1st Additional Sessions Judge-cum-Special Judge (SC/ST), West Champaran at Bettiah in connection with Bettiah (Muffasil) P.S. Case No. 598 of 2020 registered under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code as well as Sections 3(1)(r)(s) of the SC/ST Act. Appellant No. 1 Prahlad Mahto and co-accused Sambhu Mahto allegedly caught and others assaulted to the informant and committed
Patna High Court CR. APP (SJ) No.2003 of 2021 dt.27-07-2021 2/2 theft.
Considering the general and omnibus nature of allegation of assault as well as completion of investigation, let the appellants, above named, be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) each 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, subject to the following conditions:- (a) The appellants shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the appellants. (b) Both the bailors shall be resident of territorial jurisdiction of the learned court below.
(c) The appellants shall not leave the country without permission of the learned trial court.
Accordingly, the impugned order is set aside and this appeal stands allowed.
(Birendra Kumar, J) Kundan/- AFR/NAFR N.A.
CAV DATE N.A.
Uploading Date 29.07.2021 Transmission Date 29.07.2021