Md. Sahmad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3575 of 2017 Arising Out of PS.Case No. -71 Year- 2017 Thana -MUSAHRI District- MUZAFFARPUR ======================================================
1. Md. Sahmad S/o Md. Maqbul Resident of village- Salha, P.S.- Mushahri, Dist.- Muzaffarpur .... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant : Mr. Sunil Kumar Pandey For the Informant : Mr. Ravi Ranjan, Advocate For the Respondent : Mr. Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 12-02-2018 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 10th Additional Sessions Judge-cum-Special Judge (S.C./S.T.), Muzaffarpur in Mushahari P.S. Case No. 71 of 2017 registered under Section 307 of the Indian Penal Code, Section 27 of the Arms Act as well as Section 3(1)(s)(r) of the SC/ST Act.
The appellant is said to have fired during a Barat procession which caused injury to the named girl, aged about 13 years, at her thigh. The appellant is in custody since 31.10.2017. Considering the nature of allegation, let the appellant, above named, be released on bail after completion of
Patna High Court CR. APP (SJ) No.3575 of 2017 (4) dt.12-02-2018 2/2 six months of custody or on framing of the charge whichever is earlier 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 appeal stands allowed.
(Birendra Kumar, J) Kundan/- U T