Patna High CourtCR. APP (SJ)/2843/2018allowed

Naresh Mandal @ Naresh Prasad Mandal And ORS v. The State Of Bihar

2018-09-24Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2843 of 2018 Arising Out of PS.Case No. -23 Year- 2016 Thana -SC/ST District- BHAGALPUR ===========================================================

1. Naresh Mandal @ Naresh Prasad Mandal Son of late Gena Mandal

2. Kanti Mandal Son of late Gena Mandal

3. Jhingol Muni Son of late Kotwali Muni All residents of Ekchari, Police StationRasalpur, District- Bhagalpur. .... .... Appellant/s

Versus

1. The State of Bihar .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Praveen Kumar, Advocate For the Respondent/s : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 24-09-2018 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 06.07.2018 by the learned 3rd Additional Sessions Judge-cum-Special Judge (S.C./S.T. Act), Bhagalpur, in connection with SC/ST Bhagalpur Police Station Case No.23 of 2016, registered under Sections 448/341/323/324/354B/504/506/34 of the Indian Penal Code and Section 3(i)(x)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Considering the nature of allegation and statement of the

Patna High Court CR. APP (SJ) No.2843 of 2018 dt.24-09-2018 P2/ appellants that they have got no criminal antecedent, let the appellants, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) each 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 appellants 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 appellants.

Accordingly, the impugned order is set aside and appeal is allowed.

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date26.09.2018 Transmission Date 26.09.2018