Laloo Kohar @ Laloo Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2305 of 2019 Arising Out of PS. Case No.-102 Year-1999 Thana- CHOUTARWA District- West Champaran ====================================================== Laloo Kohar @ Laloo Pandit Son of Late Ram Lakhan Kohar Resident of Village- Siswa, P.S.- Chautarwa, District- West Champaran. ... ... Appellant/s

Versus

The State of Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Brij Kishor Mishra For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-07-2019 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer for bail vide order dated 04.05.2019 passed by learned 1st Additional Sessions Judge cum Special Judge, West Champaran at Bettiah in connection with Chautarwa P.S. Case No. 102 of 1999 registered under Sections 147, 323, 354 & 307 of the Indian Penal Code and Section 3(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. This is a case of misuse of privilege of bail.

Patna High Court CR. APP (SJ) No.2305 of 2019(4) dt.16-07-2019 2/3 It is submitted by learned counsel for the appellant that earlier the appellant was on bail but as the appellant did not turn up before the learned Court below on 26.03.2019, the date fixed for defence argument, his bail bond was cancelled. It is further submitted that the appellant was present on each and every date fixed in the case but due to some unavoidable reason he could not turn up on the aforesaid date. He has been languishing in custody since 30.04.2019 and has been sufficiently punished for his default.

Learned Spl. PP for the State opposed the prayer for bail.

In the facts and circumstances of the case, the above named appellant is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge cum Special Judge, West Champaran at Bettiah in connection with Sessions Trial No.213 of 2002, arising out of Chautarwa P.S. Case No. 102 of 1999 with condition that the appellant shall remain present before the learned Court below on each and every date fixed in the case and in case of failure his bail bond shall stand cancelled.

Patna High Court CR. APP (SJ) No.2305 of 2019(4) dt.16-07-2019 3/3 Accordingly, the impugned order is set aside and this appeal is allowed.

Trivedi/- (Prakash Chandra Jaiswal, J) U T