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Patna High CourtCR. APP (SJ)/2864/2018allowed

Shekh Fariyad v. The State Of Bihar

2018-08-27Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2864 of 2018 Arising Out of PS.Case No. -60 Year- 2017 Thana -PURUSHOTTAMPUR DistrictWESTCHAMPARAN(BETTIAH) ===========================================================

1. Shekh Fariyad S/o Sk. Rahim, resident of village - Parsa, P.S. - Purushottam, Dist. - West Champaran.

.... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Sanjeev Kumar, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 27-08-2018 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 11.07.2018 passed by the learned 1st Additional Sessions Judge-cum-Special Judge, Bettiah, West Champaran, in B.P. No. 143 of 2018, arising out of Purushottampur Police Station Case No.60 of 2017, registered under Sections 341/323/379/354/504/506 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

There is case and counter-case.

Considering the nature of allegation relating to

Patna High Court CR. APP (SJ) No.2864 of 2018 dt.27-08-2018 P2/ offences of the Indian Penal Code, which are mostly bailable, and the fact that appellant is in custody since 19.06.2018, 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 Date29.08.2018 Transmission Date 29.08.2018