Munna Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4180 of 2018 Arising Out of PS. Case No.-301 Year-2017 Thana- MASHRAK District- Saran ====================================================== Munna Mahto, Son or Rajendra Mahto, Resident of Village- Sanwaliya, P.S. Baikunthpur, Distt.-Gopalganj.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Sachida Nand Rai, Advocate For the Respondent/s :

Mr. Sadanand Paswan, S.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 10-12-2018 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for regular bail vide order dated 10.09.2018 passed by the learned Special Judge, S.C./S.T. (P.O.A.) Act, Saran at Chapra in Masrakh Police Station Case No.301 of 2017 registered under Sections 302, 328, 120(B)/34 of the Indian Penal Code as well as Section 3(ii)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Considering the fact that co-accused, Sikandar Rai has already been allowed bail by this Court in Criminal Appeal (SJ) No.2455 of 2018, vide Annexure 2, let the appellant,

Patna High Court CR. APP (SJ) No.4180 of 2018 dt.10-12-2018 2/2 above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with the aforesaid case, subject to the 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 impugned order is set aside and this appeal stands allowed.

(Birendra Kumar, J) abhishek/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 11.12.2018 Transmission Date 11.12.2018