Shamad Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1327 of 2018 Arising Out of PS.Case No. -26 Year- 2006 Thana -RAMNAGAR DistrictWESTCHAMPARAN(BETTIAH) ===========================================================
1. Shamad Khan, Son of late Rangeela Khan, resident of Village- Phulkaul, P.S.- Ram Nagar and District- West Champaran.
.... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Md. Abu Haidar, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 11-05-2018 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 against the refusal of prayer for bail by the learned Additional Sessions Judge 1st -cum-Special Judge, Bettiah, West Champaran, in connection with Ram Nagar Police Station Case No.26 of 2006 registered under Sections 448/323/341/504/379/34 of the Indian Penal Code and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Considering the nature of allegation under the Indian Penal Code as well as considering the fact that the appellant is in custody since 22.03.2018 having no criminal antecedent, let the
Patna High Court CR. APP (SJ) No.1327 of 2018 dt.11-05-2018 P2/ 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, 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.
(Birendra Kumar, J) Mkr./- AFR/NAFR CAV DATE NA Uploading Date Transmission Date