Mukesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1143 of 2018 Arising Out of PS. Case No.-20 Year-2018 Thana- KHUSRUPUR District- Patna ====================================================== Mukesh Kumar, Son of Devendra Singh, Resident of Village- Baikatpur, Police Station- Khushrupur in the district of Patna. ... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Raj Kumar For the Respondent/s :
Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 04-05-2018 Heard learned counsel for the parties.
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 for regular bail by the learned Special Judge (SC/ST Act)-cum-Additional Sessions Judge-V, Patna, in connection with Special Case No. 57 of 2018, arising out of Khushrupur P.S. Case No. 20 of 2018, registered under Sections 302/34 of the Indian Penal Code, Section 27 of the Arms Act as well as under Section 3 (i)(r), 3 (2) (v) of the SC/ST (Prevention of Atrocities ) Act, 1989. Submission of the learned counsel for the appellant is that allegation of commission of fire-arm injury is against coaccused Bholu Singh. The appellant is neither named in the FIR nor specific allegation of over act is levelled against him.Co-
Patna High Court CR. APP (SJ) No.1143 of 2018 dt.04-05-2018 2/2 accused Doman Singh@ Doman Kumar has already been allowed bail by this Court vide order dated 27.04.2018 passed in Cr. Appeal (SJ) No. 1117 of 2018.
Considering the aforesaid facts, 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, 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 appeal stands allowed.
(Birendra Kumar, J) khushbu/- AFR/NAFR N.A.F.R.
CAV DATE N/A Uploading Date 07/05/2018 Transmission Date 07/05/2018