Patna High CourtCR. APP (SJ)/3410/2017allowed

Pintu Das v. The State Of Bihar

2018-01-03Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3410 of 2017 Arising Out of PS.Case No. -150 Year- 2016 Thana -CHANDAN District- BANKA ======================================================

1. Pintu Das, son of Kuldip Das, Resident of Village- Khirhartari, Police Station- Chandan, District- Banka.

.... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Ajay Mukherjee For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-01-2018 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for regular bail by the learned Special Judge, Banka in Chandan P.S. Case No. 150 of 2016 registered under Sections 302/34 of the Indian Penal Code as well as Section 3(2)(v) of the SC/ST Act.

Allegation in the FIR is against co-accused Rinku Rai to have caught hold the father of the informant and co-accused Kuldeep Das assaulted causing death. Though the appellant was present at the time of occurrence, however, no specific overt act is alleged against the appellant and is in custody since 09.11.2017. Hence, let the appellant, above named, be released on

Patna High Court CR. APP (SJ) No.3410 of 2017 (2) dt.03-01-2018 2/2 bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with the aforesaid case, subject to the condition that the appellant shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant.

Accordingly, this application stands allowed. (Birendra Kumar, J) Kundan/- U T