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Patna High CourtCR. APP (SJ)/3448/2017allowed

Raj Kumar Mahto @ Raj Kumar v. The State Of Bihar

2018-01-15Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3448 of 2017 Arising Out of PS.Case No. -98 Year- 2016 Thana -CHAKAMHESI District- SAMASTIPUR ======================================================

1. Raj Kumar Mahto @ Raj Kumar Son of Ram Swarath Mahto, Resident of Village-Gorai, P.S.-Chakmehsi, District-Samastipur. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Rana Sanjay Kumar Singh, Advocate For the Respondent/s : Smt Usha Kumari No-1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-01-2018 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 1st Additional Sessions Judge-cum-Special Judge (S.C./S.T. Act), Samastipur, in connection with Chakmehsi Police Station Case No.

of registered under Sections 447/147/148/149/341/323/324/307/354(B)/379/504/506 of the Indian Penal Code and Section 3(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The assault by the appellant hit at the non-vital part of the body. The appellant is in custody since 09.11.2017. Considering the aforesaid fact, let the appellant,

Patna High Court CR. APP (SJ) No.3448 of 2017 (3) dt.15-01-2018 P2/ 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