Ramesh Chourasiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4132 of 2018 Arising Out of PS.Case No. -58 Year- 2018 Thana -MAHESHKHUNT District- KHAGARIA ===========================================================

1. Ramesh Chourasiya, Son of Shivan Chourasiya, Resident of Village-Kajichak, P.S. Maheshkhunt, Distt.-Khagaria .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Praveen Kumar For the Respondent/s : Mr. Sadananad Paswan =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 06-11-2018 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 vide order dated 07.09.2018 passed by the learned Additional Sessions Judge-1st-cum-Special Judge, Khagaria in G.R. No.1186 of 2018, arising out of Maheshkhunt Police Station Case No.58 of 2018 registered under Sections 147, 148, 149, 323, 325, 427, 448, 307 of the Indian Penal Code and Section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Allegation is against 14 persons to have committed assault against the informant, whereas the Doctor has found single injury at

Patna High Court CR. APP (SJ) No.4132 of 2018 dt.06-11-2018 P2/ the right side of scalp of the informant. Appellant has got no criminal antecedent.

Considering the fact that there is no specific allegation as to who had caused the single injury to the informant, 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 the aforesaid case, with condition that both the bailors shall be resident of territorial jurisdiction of the learned court below and further 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 impugned order is set aside and appeal is allowed.

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date08.11.2018 Transmission Date 08.11.2018