Arjun Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1297 of 2018 Arising Out of PS.Case No. -150 Year- 2017 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ===========================================================
1. Arjun Mahto, son of Shivnath Mahto, resident of Village- Rampur Kodar, Police Station- Kesharia, District- East Champaran.
.... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Manoj Kumar, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 25-06-2018 Heard learned counsel for the parties.
This is an appeal under Section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail by the learned 1st Additional Sessions Judge-cum-Special Judge (S.C./S.T. Act), East Champaran, Motihari, in connection with Kesharia Police Station Case No.150 of 2017 registered under Sections 341/323/324/325/326/307/379/34 of the Indian Penal Code and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. According to FIR, the appellant allegedly assaulted to the informant causing injury at the neck. Allegation of commission of theft is also there. The doctor has found incised wound stitched near
Patna High Court CR. APP (SJ) No.1297 of 2018 dt.25-06-2018 P2/ the neck and face of the informant.
Submission is that there is case and counter case. Investigation of the case is already complete. The appellant is in custody since 08.03.2018.
Considering the entire facts, let the appellant, above named, be released on bail on completion of six months of custody 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 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.
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