Patna High CourtCR. APP (SJ)/2589/2018allowed

Subodh Singh v. The State Of Bihar

2018-09-18Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2589 of 2018 Arising Out of PS.Case No. -16 Year- 2018 Thana -ARA MUFFSIL District- BHOJPUR ===========================================================

1. Subodh Singh S/o Suchit Singh, R/o Vill.- Mathavaliya, P.S.- Ara (Mufassil), District- Bhojpur.

.... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Shiv Prasad Gupta, Advocate For the Respondent/s : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 18-09-2018 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 29.06.2018 passed by the learned 1st Additional Sessions Judge, Bhojpur at Ara, in SC/ST No.18 of 2018, arising out of Ara Muffasil Police Station Case No.16 of 2018, registered under Sections 341/323/354/308/34 of the Indian Penal Code and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. There is case and counter case between the parties. Allegation is of commission of abuse and assault for trivial dispute. Specific allegation against co-accused Binod Kumar

Patna High Court CR. APP (SJ) No.2589 of 2018 dt.18-09-2018 P2/ @ Binod Singh is of commission of injury on the head of Jitendra Prasad with lathi.

Submission is that the doctor has found simple injury. Considering the general and omnibus allegation against the appellant, 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 Date19.09.2018 Transmission Date 19.09.2018