Patna High CourtCR. APP (SJ)/1936/2018allowed

Amar Mahato v. The State Of Bihar

2018-05-31Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1936 of 2018 Arising Out of PS.Case No. -189 Year- 2017 Thana -RAGHUNATHPUR District- SIWAN =========================================================== Amar Mahato, Son of Late Ramprit Mahato, R/o Village-Gobhirar, P.S.- Raghunathpur, District-Siwan.

.... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Rajiv Kumar, Adv For the Respondent/s : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 31-05-2018 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 1st Additional Sessions Judge, Siwan, in connection with Raghunathpur Police Station Case No.189 of 2017 registered under Sections 302/34 of the Indian Penal Code and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Specific allegation is against co-accused Sharma Mahto to have given a farsa blow at the head of the son of the informant as a result whereof son of the informant died during course of treatment. Allegation against the appellant is that he had taken hold of the deceased at the time of commission of assault.

Patna High Court CR. APP (SJ) No.1936 of 2018 dt.31-05-2018 Submission is of false implication. The appellant has got no criminal antecedent and he is in custody since 07.03.2018. Considering the entire facts, let the appellant, above named, be released on bail after completion of investigation 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 impugned order is set aside and appeal is allowed.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date01.06.2018 Transmission Date 01.06.2018