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Patna High CourtCR. APP (SJ)/3587/2017allowed

Ramchandra Rai v. The State Of Bihar

2018-01-16Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3587 of 2017 Arising Out of PS.Case No. -5 Year- 2017 Thana -SC/ST District- VAISHALI(HAJIPUR) ====================================================== Ramchandra Rai, Son of Late Bhukhan Rai, Resident of Village- Basra, Police Station- Rajapakar, District- Vaishali. .... .... Appellant

Versus

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

For the Appellant/s : Mr. Sunil Prasad, Adv. For the Respondent/s : Mr. Smt Usha Kumari No-1, SPP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-01-2018 Heard learned counsel for the parties.

This is an appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail by the learned Special Judge, Vaishali at Hajipur, in connection with Hajipur SC/ST P.S.Case No.05 of 2017 registered under Sections 341/323/467/468/504/506/379/34 of the Indian Penal Code and Section 3(1), (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Allegation against the appellant is of commission of abuse by taking the caste name of the informant and also of commission of assault and threat. The reason for dispute is land between the parties. Some other co-accused have already been

Patna High Court CR. APP (SJ) No.3587 of 2017 (3) dt.16-01-2018 allowed bail by a Coordinate Bench of this Court vide Annexure2. Considering the aforesaid facts, 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 Hajipur SC/ST P.S.Case No.05 of 2017, 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) Nitesh/- U T