Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1029 of 2020 Arising Out of PS. Case No.-323 Year-2018 Thana- BARH District- Patna ====================================================== GOLU KUMAR S/O Muneshwar Ray @ Loha Kahar Resident of Village - Bichali Malahi, P.S. Barh, District - Patna.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Sanchay Srivastava For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 26-06-2020 Heard learned counsel for the appellant and learned Additional Public Prosecutor appearing on behalf of the State. The appellant is aggrieved by the order dated 03.02.2020 passed by the learned Additional District & Sessions Judge-VIII cum Special Judge S.C./S.T. Act, Patna in connection with Special Case No. 527 of 2019 arising out of Barh P.S. Case No. 323 of 2018 registered for the offences under Section 302 of the Indian Penal Code, Section 27 of the Arms Act and Section 3 (2) (va) (I) (r) (I) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. In the instant case, case diary was called for by order dated 01.06.2020, which has been received.

Patna High Court CR. APP (SJ) No.1029 of 2020 dt.26-06-2020 2/3 Learned counsel for the appellant submits that the appellant has no criminal antecedent.

On perusal of the case diary and also on consideration of the entire materials available on record, the Court finds that the appellant belongs to Scheduled Caste category and as such, the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act) are not attracted in this case.

In addition thereto, from perusal of the case diary, it does not indicate that the appellant has given any fatal blow. He is in custody since 22.07.2019.

Considering the aforesaid facts and circumstances and the fact that the appellant has no criminal antecedent, the Court is inclined to set aside the order dated 03.02.2020 passed by the learned Additional District & Sessions JudgeVIII cum Special Judge, SC/ST Act, Patna, in Special Case No. 527 of 2019 arising out of Barh P.S. Case No. 323 of 2018 and accordingly the aforesaid order is set aside. Let the appeallant above named be released on bail on furnishing bail bonds of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. APP (SJ) No.1029 of 2020 dt.26-06-2020 3/3 Additional District & Sessions Judge-VIII cum Special Judge, S.C./S.T. Act, Patna, in connection with the aforesaid case. The appeal stands allowed.

(Anil Kumar Upadhyay, J) S.Ali/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 29.06.2020 Transmission Date 29.06.2020