Mahendra Sah @ Mahindra Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.56 of 2018 Arising Out of PS.Case No. -246 Year- 2017 Thana -GOPALPUR District- BHAGALPUR ======================================================
1. Mahendra Sah @ Mahindra Sah, S/o Bhumi Sah,
2. Shambhu Sah S/o Ganesh Sah,
3. Jangli Sah S/o Late Jagdish Sah, All are R/o Village- Bhawanipur Nayatola, P.S.- Rangra, District- Bhagalpur.
.... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Binod Kumar, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-02-2018 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), Bhagalpur, in connection with Gopalpur Rangara Police Station Case No.246 of 2017 registered under Section 307/34 of the Indian Penal Code, Section 27 of the Arms Act and Section 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Allegation of commission of fire-arm injury is against co-accused Mithu Sah @ Mithilesh Sah. There is simple allegation of commission of abuse
Patna High Court CR. APP (SJ) No.56 of 2018 (3) dt.09-02-2018 P2/ and assault against the appellants, who have got no criminal antecedent.
Considering the aforesaid fact, 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.
(Birendra Kumar, J) Mkr./- U T