Shankar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2149 of 2021 Arising Out of PS. Case No.-200 Year-2020 Thana- JANTA BAZAR District- Saran ====================================================== 1.

Shankar Mahto S/O Laxman Mahto @ Lacchuman Mahto 2.

Hareram Mahto S/O Laxman Mahto @ Lakshman Mahto 3.

Bullet Mahto @ Shailesh Kumar Mahto S/O Shankar Mahto 4.

Raju Mahto S/O Shankar Mahto All are Residents Of Village- Tajpur, P.S.- Janta Bazar, District- Saran (Chapra) ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Kumar Praveen, Advocate Mr. Umesh Kumar Mishra, Advocate For the Respondent/s :

Mr. Sadanand Paswan, SPP For the Informant :

Mr. Kundan Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-10-2021 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-cum-Special Judge (S.C./S.T. Act), Chapra, in connection with Janta Bazar Police Station Case No.200 of 2020, registered under Sections 447/341/323/324/307/504/34 of the Indian Penal Code and Sections 3(1)(r)(s)/3(2V) of the Scheduled Castes and

Patna High Court CR. APP (SJ) No.2149 of 2021(3) dt.26-10-2021 2/3 Scheduled Tribes (Prevention of Atrocities) Act, 1989. There is case and counter case. Allegation is of commission of assault to the informant as well as his brother. The doctor has found simple injury on the person of the informant. Though the doctor has found grievous injury on the person of the brother of the informant but the report is not clear as to how the metallic chip was embedded to the wound whereas allegation is not of commission of assault by any such weapon. The appellants are in custody since 17.11.2020. Investigation of the case is already complete. Learned counsel for the informant opposed the prayer for bail.

Considering the facts aforesaid, let the appellants, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) each 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 appellants shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellants.

The appellants shall not leave the country without permission of the trial Court.

Patna High Court CR. APP (SJ) No.2149 of 2021(3) dt.26-10-2021 3/3 Accordingly, the impugned order is set aside and appeal is allowed.

(Birendra Kumar, J) Mkr./- U T