Patna High CourtCR. APP (SJ)/6/2018allowed

Shatrudhan Sao And ANR v. The State Of Bihar

2018-02-02Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.6 of 2018 Arising Out of PS.Case No. -30 Year- 2017 Thana -UPHARA District- AURANGABAD ======================================================

1. Shatrudhan Sao S/o Dashrath Sao

2. Bharat Sao S/o Shatrudhan Sao both residents of village - Mahaddipur, P.S. Uphara, District - Aurangabad.

.... .... Appellants

Versus

The State of Bihar.

.... .... Respondent ====================================================== Appearance :

For the Appellant/s : Mr. Ravindra Kumar Sinha, Adv. For the Respondent/s : Mr. Smt Usha Kumari No-1, SPP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 02-02-2018 Heard learned counsel for the parties.

This is an appeal under Section 14(A)of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail by the learned Special Judge (S.C./S.T. Act), Aurangabad, in connection with Uphara Police Station Case No.30 of 2017 registered under Sections 341, 323, 307, 354, 379, 504, 506/34 of the Indian Penal Code and Section 3(i)(r),3(i)(s),3(i)(w)(i) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The appellants are in custody since 30.11.2017.

Allegation is of commission of murderous assault with Lathi and Iron Rod against the informant.

Patna High Court CR. APP (SJ) No.6 of 2018 (3) dt.02-02-2018 Submission is that the appellants have got no criminal antecedent and false implication is there due to Annexure-3.

Considering the aforesaid facts, let the appellants, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand)each 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 appellants 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 appellants.

Accordingly, the appeal stands allowed and the impugned order is set aside.

(Birendra Kumar, J) Nitesh/- U T