Patna High CourtCR. APP (SJ)/4226/2018allowed

Guddu Sahani And ANR v. The State Of Bihar

2018-12-11Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4226 of 2018 Arising Out of PS. Case No.-347 Year-2018 Thana- CHIRAIYA District- East Champaran ======================================================

1. Guddu Sahani, Son of Late Sipahi Sahani

2. Ramkumar Sahani, Son of Late Raja Sahani, Both Resident of Village - Akauna, P.S. Chiraiya, District-East Champaran. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Umesh Chandra Verma For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 11-12-2018 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for regular bail vide order dated 08.10.2018 in Chiraiya P.S. Case No. 347 of 2018 passed by the learned 1st Additional Sessions Judge-cum-Special Judge S.C./S.T. (POA) Act, East Champaran at Motihari in connection with the aforesaid case registered under Sections 354D, 509 of the Indian Penal Code as well as Section 3(i)(r)(w) of the SC/ST Act.

Considering the nature of allegation against the appellants as well as the fact that they are in custody since

Patna High Court CR. APP (SJ) No.4226 of 2018 dt.11-12-2018 2/2 18.09.2018 and they have got no criminal antecedent, let the appellants, above named, be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with the aforesaid case, subject to the 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 as well as condition that both the bailors shall be resident of the territorial jurisdiction of the learned court below.

Accordingly, the impugned order is set aside and this appeal stands allowed.

(Birendra Kumar, J) Kundan/Rajan AFR/NAFR N.A.

CAV DATE N.A.

Uploading Date 12.12.2018 Transmission Date 12.12.2018