Abhimannue Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3028 of 2017 Arising Out of PS.Case No. -19 Year- 2016 Thana -SC/ST District- MUNGER ====================================================== Abhimannue Gupta S/o Nand Kishore Gupta @ Kishore Gupta, R/o Village- Jawait, P.S.- Kharagpur (Shampur O.P.), District- Munger. .... .... Appellant
Versus
The State of Bihar .... .... Respondent ====================================================== Appearance :
For the Appellant/s : Mr. Ram Sevak Choudhary, Adv. For the Respondent/s : Mr. Sri Sadanand Paswan, SPP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-12-2017 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 the learned 1st Additional District Judge-cum-Special Judge, Munger, in connection with G.R.No. 735 of 2016 (SC/ST P.S.Case No.19 of 2016) registered under Sections 302/34 of the Indian Penal Code and Section 3(I) (X)/3(2)(V) of the Scheduled Castes and Scheduled Tribes Act.
Allegation against the appellant and other named persons is to have assaulted the informant, who is member of scheduled caste, as a result whereof, the victim died. The appellant is in custody since 19.08.2016 and similarly situated other co-
Patna High Court CR. APP (SJ) No.3028 of 2017 (4) dt.19-12-2017 accused has already been allowed bail by a Coordinate Bench of this Court in Cr.Appeal (SJ) No. 855 of 2017 on 31.07.2017. Considering the nature of allegation and the period already undergone by 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 G.R.No. 735 of 2016 (SC/ST P.S.Case No.19 of 2016), 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 appeal stands allowed.
(Birendra Kumar, J) Nitesh/- U T