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Patna High CourtCR. APP (SJ)/1250/2018allowed

Bablu Modi @ Sanjeev Kumar Das v. The State Of Bihar

2018-04-20Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1250 of 2018 Arising Out of PS.Case No. -65 Year- 2017 Thana -AMARPUR District- BANKA ===========================================================

1. Bablu Modi @ Sanjeev Kumar Das, Son of Pramod Kumar Das, Resident of Village- Sijua, Police Station- Amarpur, District- Banka ..... .... Appellant/s

Versus

1. The State of Bihar. .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Praveen Kumar, Adv For the Respondent/s : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 20-04-2018 Heard learned counsel for the parties.

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 Additional Sessions Judge-I, Banka-cum-Special Judge (S.C./S.T. Act), in connection with G.R.No.781 of 2017 (arising out of Amarpur Police Station Case No.65 of 2017 registered under Sections 302,147,148,149 of the Indian Penal Code and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The FIR would reveal that suspicion is against the appellant and others to have committed murder of the husband of the informant.

Learned counsel for the appellant submits that co-accused Bikash Mandal @ Rabindra Kumar Mandal @ Rabindra Mandal has already been allowed bail by a Coordinate

Patna High Court CR. APP (SJ) No.1250 of 2018 dt.20-04-2018 Bench of this Court vide Annexure-2.

Considering the similarity of the allegation against 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 appeal stands allowed.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date