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Patna High CourtCR. APP (SJ)/3346/2017allowed

Rakesh Kumar v. The State Of Bihar

2017-12-15Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No. 3346 of 2017 Arising Out of PS.Case No. -214 Year- 2017 Thana -FATEHPUR District- GAYA ====================================================== Rakesh Kumar, S/o Nago Mahto, R/o Village - Bargaon, P.S. - Fatehpur, District - Gaya .... .... Appellant

Versus

The State of Bihar .... .... Respondent ====================================================== Appearance :

For the Appellant : Mr. Sumeet Kumar Singh, Advocate For the Respondent : Mr. Binay Krishna, Special P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-12-2017 Heard learned counsel for the parties.

This is an appeal under Section 14(2)(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for regular bail by the learned Special Judge (S.C./S.T.), Gaya in Fatehpur P.S. Case No. 214 of 2017 registered under Sections 147, 148, 149, 341, 342, 323, 386, 307, 436 of the Indian Penal Code, Section 27 of the Arms Act as well as Section 3(1)(r)(s), 3(2)(iii)(iv)(va) of the SC/ST Act. There is no specific allegation against the appellant, rather general and omnibus allegation of non-payment of cost of food provided to the appellant and others and commission of arson.

The appellant has stated on oath that he has got

Patna High Court CR. APP (SJ) No.3346 of 2017 (2) dt.15-12-2017 2/2 no criminal antecedent.

Considering the aforesaid facts, let the appellant, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Fatehpur P.S. Case No. 214 of 2017, subject to the condition that the appellant shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant.

Accordingly, this application stands allowed. (Birendra Kumar, J) Kundan/- U T