Bino Chaurasia @ Binod Chaurasia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2659 of 2018 Arising Out of PS.Case No. -58 Year- 2018 Thana -MAHESHKHUNT District- KHAGARIA ===========================================================

1. Bino Chaurasia @ Binod Chaurasia, Son of Jago Chaurasia, R/o VillageKajichak, P.S.- Maheshkhunt, District- Khagaria. .... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Chandan Kumar Kashyap, Adv For the Respondent/s : Mr. Sadanand Paswan, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 10-09-2018 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 by order dated 29.06.2018 in Maheshkhunt P.S.Case No.58 of 2018, G.R.No.1186 of 2018 passed by the learned 1st Additional Sessions Judge-cum-Special Judge, Khagaria, registered under Sections 147,148,149,323,325,427,448,307 of the Indian Penal Code and Section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Allegation is against persons to have committed assault against the informant, whereas the Doctor has found single injury at the right side of scalp of the

Patna High Court CR. APP (SJ) No.2659 of 2018 dt.10-09-2018 2/2 informant. Appellant has got no criminal antecedent. Considering the fact that there is no specific allegation as to who had caused the single injury to the informant, 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 both bailors shall be resident of territorial jurisdiction of the learned court below and further 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 this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date11.09.2018 Transmission Date 11.09.2018