Patna High CourtCR. APP (SJ)/3406/2017allowed

Pir Mohammad Mian @ Pir Mahamad v. The State Of Bihar

2017-12-21Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3406 of 2017 Arising Out of PS.Case No. -164 Year- 2017 Thana -RIGA District- SITAMARHI ======================================================

1. Pir Mohammad Mian @ Pir Mahamad S/o Late Aziz Mian Resident of Village - Majhaura Ward No. - 5, P.S. - Riga, District - Sitamarhi. .... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Sanjay Kumar, Advocate For the Respondent/s : Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-12-2017 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, 1st, -cum-Special Judge (S.C./S.T. Act), Sitamarhi, in connection with Riga Police Station Case No.164 of 2017 registered under Sections 341/323/504/506/34 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The allegation against the appellant is of assault and abuse against the informant.

Submission is that the appellant is innocent and has not committed any offence. The appellant is in custody since

Patna High Court CR. APP (SJ) No.3406 of 2017 (2) dt.21-12-2017 P2/ 29.10.2017.

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 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) Mkr./- U T