Ashok Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2500 of 2018 Arising Out of PS.Case No. -null Year- null Thana -null District- NALANDA (BIHARSHARIFF) ===========================================================
1. Ashok Kumar son of Jagdish Prasad resident of village Toofanganj, Police Station - Rahui (Bhagan Bigha), District Nalanda. .... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Anil Kumar Singh, Advocate For the Respondent/s : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 06-08-2018 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 02.06.2018 passed by the learned 1st Additional Sessions Judge-cum-Special Judge, Nalanda at Biharsharif, in connection with Harnaut Police Station Case No.83 of 2018, registered under Sections 302/201/34 of the Indian Penal Code and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. According to FIR, suspicion is against the FIR named persons of commission of murder of the husband of the informant for some dispute relating to transfer of land. Appellant is not named in
Patna High Court CR. APP (SJ) No.2500 of 2018 dt.06-08-2018 P2/ the FIR. However, during investigation it revealed that he was on talking term on mobile phone with the co-accused. He is in custody since 04.05.2018. Investigation of the case is complete. Considering the aforesaid fact, 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 Date08.08.2018 Transmission Date 08.08.2018