Prince Kumar @ Mithai Lal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3684 of 2018 Arising Out of PS. Case No.-420 Year-2018 Thana- TURKAULIYA District- East Champaran ====================================================== Prince Kumar @ Mithai Lal S/o Madan Prasad, R/o Vill.- Semara Bazar, P.S.- Turkauliya, District- East Champaran.
... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Ratanakar Jha, Adv For the Respondent/s :
Mr. Sri Sadanand Paswan,SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 06-12-2018 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 27.08.2018 in Turkauliya P.S.Case No.420 of 2018 passed by the learned Special Judge Excise, Motihari, registered under Sections 147,148,149,341,323,332,353,307,379 and 435 of the Indian Penal Code, Section 27 of the Arms Act and Section 3(1)(x)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 45 of Bihar Prohibition and Excise Act, 2015. The FIR is against unknown.
Considering the general and omnibus
Patna High Court CR. APP (SJ) No.3684 of 2018 dt.06-12-2018 2/2 nature of allegation, 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 Date 07.12.2018 Transmission Date 07.12.2018