Sogarath Sharma @ Ram Sogarath Sharma And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2099 of 2018 Arising Out of PS.Case No. -112 Year- 2016 Thana -MARKAHI District- KHAGARIA ===========================================================
1. Sogarath Sharma @ Ram Sogarath Sharma, Son of Ghuran Sharma
2. Ram Tahal Sharma, Son of Late Ghuran Sharma
3. Parmeshwar Sharma, Son of Late Sundar Sharma @ Ram Sundar Sharma, All residents of village - Banher, P.S. - Morkahi, District - Khagaria. .... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr.
For the Respondent/s : Mr.
=========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 31-07-2018 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for regular bail vide order dated 30.05.2018 in Morkahi P.S. Case No. 112 of 2016 passed by the learned 1st Additional Sessions Judge-cum-Special Judge S.C./S.T. (POA), Act Khagaria in connection with the aforesaid case registered under Sections 147, 148, 341, 323, 307, 447, 427, 354, 504, 506 of the Indian Penal Code as well as Section 3(i)(r)(s) of the SC/ST Act. For land dispute, allegation is against 12 FIR named accused person of commission of assault and abuse by taking caste
Patna High Court CR. APP (SJ) No.2099 of 2018 dt.31-07-2018 2/2 name of the informant. There is case and counter case. Nine of the accused have already been allowed regular bail by different Coordinate Benches of this Court vide order dated 06.12.2017 and 04.07.2017 passed in Cr. Appeal (SJ) No. 3254 of 2017 and Cr. Appeal (SJ) No. 1874 of 2017.
Considering the aforesaid facts, let the appellants, above named, be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) each 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 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 this appeal stands allowed.
(Birendra Kumar, J) Kundan/- AFR/NAFR N.A.
CAV DATE N.A.
Uploading Date 02.08.2018 Transmission Date 02.08.2018