Abdul Rashid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1000 of 2019 Arising Out of PS. Case No.-14 Year-2018 Thana- SC/ST District- Darbhanga ====================================================== Abdul Rashid, son of Late Md. Sadiq, Resident of Village - Narainpur, P.S.- Manigachi, Distt.- Darbhanga.

... ... Appellant/s

Versus

THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Syed Ehteshamuddin For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 16-04-2019 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 order dated 02.02.2019 passed by the Additional Sessions Judge-cum-Special Judge (S.C./S.T. Act), Darbhanga in connection with SC/ST P.S. Case No.14 of 2018 registered under Sections 341, 323, 406, 504 of the Indian Penal Code and Section 3(1)(r)/3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The complaint based allegation would reveal that the offences of the Indian Penal Code alleged against the appellant are either bailable or compoundable.

Patna High Court CR. APP (SJ) No.1000 of 2019 dt.16-04-2019 2/2 Learned counsel for the informant opposed the prayer for bail.

Considering the aforesaid fact, 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 both bailors shall be resident of territorial jurisdiction of the learned Court below and further 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 this appeal stands allowed.

(Birendra Kumar, J) sanjeev/- AFR/NAFR NAFR CAV DATE NA Uploading Date 18/04/2019 Transmission Date 18/04/2019