Manoj Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2740 of 2018 Arising Out of PS. Case No.-47 Year-2018 Thana- RAXAUL District- East Champaran ====================================================== Manoj Mahto, S/o Jamuna Mahto, resident of Village- Akaderwa, P.S.- Hariya (O.P.) Raxaul, District- East Champaran.
... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Madhu Prasun For the Respondent/s :
Smt. Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 06-09-2018 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for regular bail vide order dated 05.06.2018 passed by the learned 1st Additional Sessions Judgecum-Special Judge, East Champaran, Motihari in Raxaul Police Station Case No.47 of 2018 registered under Sections 341, 323, 324, 307, 379, 504/34 of the Indian Penal Code as well as Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
The appellant allegedly assaulted to the informant and his son. The Doctor has found simple injury. The appellant has stated on oath that he has got no criminal antecedent. The
Patna High Court CR. APP (SJ) No.2740 of 2018 dt.06-09-2018 2/2 appellant is in custody since 02.04.2018. Investigation of the case is already complete.
Considering the aforesaid facts, let the appellant, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of 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 impugned order is set aside and this appeal stands allowed.
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