Sk. Allaudin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1436 of 2019 Arising Out of PS. Case No.-614 Year-2018 Thana- MUFFASIL District- West Champaran ====================================================== Sk. Allaudin Son of Md. Nabbi Resident of Village - Behra Tola, Jhumka, P.S.- Sikta, Distt - West Champaran.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Sanjay Kumar No 7 For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 10-04-2019 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 of anticipatory bail dated 06.03.2019 passed by the learned 1st Addl. Sessions Judge-cumSpecial Judge, West Champaran Bettiah in ABP No. 538 of 2019 arising out of Bettiah Muffasil (Manuapul) P.S.Case No. 614 of 2018 registered under Sections 323, 341, 379 and 506/34 of the Indian penal Code and Sections 3(i)(r)(ii)(v-a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Allegation against the appellant and other accused persons is of abusing and assaulting the informant and against one co-accused is of snatching money.

Submission of learned counsel for the appellant is that

Patna High Court CR. APP (SJ) No.1436 of 2019 dt.10-04-2019 2/2 there is general and omnibus allegation against the appellant and others of abusing by caste name and no specific allegation has been attributed against him.

Heard learned Spl. P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the appellant, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Addl. Sessions Judge-cum-Special Judge, West Champaran Bettiah in Bettiah Muffasil (Manuapul) P.S.Case No. 614 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

Accordingly, the appeal is allowed and the impugned order is set aside with respect to him.

(Vinod Kumar Sinha, J) sujit/- AFR/NAFR CAV DATE Uploading Date Transmission Date