Manish Kumar Dubey @ Minku Dubey @ Minku Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1022 of 2019 Arising Out of PS. Case No.-212 Year-2015 Thana- CHANDAUTI District- Gaya ====================================================== MANISH KUMAR DUBEY @ MINKU DUBEY @ MINKU TIWARY Son of Late Sakaldeo Tiwary R/o Village - Bhikhanpura, P.S.- Chakand, District - Gaya.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Ashutosh Singh For the Respondent/s :

Mr.Sadanand Paswan ====================================================== 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 21.02.2019 passed by the Exclusive Special Judge (S.C./S.T. Act), Gaya in connection with Chandauti (Chakand) P.S. Case No.212 of 2015 registered under Sections 341, 323, 307, 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. Co-accused, Ravindra Singh and Nanhak Pandey assaulted to deceased Panchu Paswan by rod. Appellant is not assailant of the deceased rather he assaulted to the informant.

Patna High Court CR. APP (SJ) No.1022 of 2019 dt.16-04-2019 2/2 Considering the nature of allegation and statement of appellant that he has got no criminal antecedent, 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