Ranjan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No. 1134 of 2019 Arising Out of PS. Case No.-28 Year-2018 Thana- ISHAKCHAK District- Bhagalpur ====================================================== Ranjan Mandal Son of Chhotelal Mandal Resident of Village - Ishakchak, near Budhiya Kali Mandir Pasi Tola, P.S.- Ishakchak, Distt.- Bhagalpur. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Brij Nandad Prasad, Advocate For the Respondent/s :

Mr.Sadanand Paswan, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-04-2019 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 vide order dated 13.02.2019 passed by the learned 3rd Additional Sessions Judge-cum-Special Judge (S.C./S.T. Act), Bhagalpur, in S.T. No.586 of 2018, arising out of Ishakchak Police Station Case No.28 of 2018, registered under Sections 341/323/325/307 of the Indian Penal Code and Section 3(2)(Va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Later on offence under Section 302 of the Indian Penal Code was added.

Appellant is in custody since 07.02.2018. In the past prayer for bail was refused vide Annexure-1 for the reason that

Patna High Court CR. APP (SJ) No. 1134 of 2019(2) dt.17-04-2019 2/2 allegation against the appellant is that he caused multiple injury on the head of Suraj Chaudhary. The allegation was supported by the eyewitness and corroborated by medical report. However, liberty was allowed to the appellant to renew the prayer after framing of the charges or completion of one year of custody.

Submission is that charges have not been framed. However, the appellant has completed one year of custody. The appellant is ready to cooperate with the trial. 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 impugned order is set aside and appeal is allowed.

(Birendra Kumar, J) Mkr./- U T