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Patna High CourtCR. APP (SJ)/3420/2017allowed

Shatrudhan Singh v. The State Of Bihar

2018-01-08Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3420 of 2017 Arising Out of PS.Case No. -244 Year- 2017 Thana -BASANTPUR District- SIWAN ======================================================

1. Shatrudhan Singh, S/o Shankar Singh, Resident of village- Bagahi, P.S. Basantpur, District- Siwan.

.... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Ajay Kumar Pandey, Advocate For the Respondent/s : Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-01-2018 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 against the refusal of prayer for bail by the learned Additional Sessions Judge, 1st, Siwan, in connection with Basantpur Police Station Case No.244 of 2017 registered under Sections 147/148/149/341/342/323/324/325/307/332/353 of the Indian Penal Code and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The allegation of commission of murderous attack is against other co-accused. Specific allegation against the appellant is that he attempted to commit mischief by burning the police vehicle.

Patna High Court CR. APP (SJ) No.3420 of 2017 (3) dt.08-01-2018 P2/ Submission is that no offence under the provisions of SC/ST Act is made out on perusal of the F.I.R. 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