Shrawan Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2824 of 2018 Arising Out of PS.Case No. -218 Year- 2015 Thana -NAYA RAM NAGAR District- MUNGER ===========================================================
1. Shrawan Paswan S/o Sonelal Paswan, R/o Vill.- Salempur, P.S.- Suryagarha, District- Lakhisarai.
.... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Kamal Kishore Jha, Advocate For the Respondent/s : Mrs. Usha Kumari No.1, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 20-08-2018 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 vide order dated 01.06.2018 passed by the learned Additional Sessions Judge 1st, Munger, in Naya Ramnagar Police Station Case No.218 of 2015, registered under Section 302/34 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3(ii)(iv)(v)/3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. On the occasion of procession of Barat, co-accused Ajay Kumar Singh @ Pinku Singh is alleged to have caused fire-arm injury at the head of the relation of the informant, as a result whereof
Patna High Court CR. APP (SJ) No.2824 of 2018 dt.20-08-2018 P2/ he died subsequently. Political animosity is the reason alleged for the occurrence.
Submission is that the appellant is not named in the FIR.
Finding substance in the submission aforesaid, 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, 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 NAFR CAV DATE NA Uploading Date21.08.2018 Transmission Date 21.08.2018