Patna High CourtCR. APP (SJ)/3351/2017allowed

Satyendra Mahto @ Jitendra Kumar And ANR v. The State Of Bihar

2017-12-21Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3351 of 2017 Arising Out of PS.Case No. -500 Year- 2016 Thana -PATORI District- SAMASTIPUR ======================================================

1. Satyendra Mahto @ Jitendra Kumar, S/o Late Sipahi Mahto,

2. Karu Mahto @ Atul Kumar, S/o Ramashish Mahto, Both residents of Village- Jalalpur, P.S.- Patori, District- Samastipur. .... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Suneil Kumar Thakur, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-12-2017 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 Sessions Judge-cum-Special Judge (S.C./S.T. Act), Samastipur, in connection with Patori (Mohanpur) Police Station Case No.500 of registered under Sections 147/188/341/323/353/504/506 of the Indian Penal Code and Section 3(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Submission is that the appellants are innocent and have falsely been implicated in this case. The appellants have stated on oath that they have got no criminal antecedent.

Patna High Court CR. APP (SJ) No.3351 of 2017 (2) dt.21-12-2017 P2/ Considering the nature of allegation and the fact that the appellants are in custody since 16.10.2017, let the appellants, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Patori (Mohanpur) Police Station Case No.500 of 2016, with condition that the appellants 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 appellants.

Accordingly, the appeal stands allowed.

(Birendra Kumar, J) Mkr./- U T