Hira Nonia @ Hiralal Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.797 of 2018 Arising Out of PS.Case No. -78 Year- 2017 Thana -AUGARI District- NALANDA (BIHARSHARIFF) ======================================================
1. Hira Nonia @ Hiralal Prasad, Son of Ramanand Nonia, Resident of Village- Mahamadpur (Aungari), P.S.- Aungari, District- Nalanda. .... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Dharmendra Kumar, Advocate For the Respondent/s : Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-03-2018 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 the learned 1st Additional Sessions Judge-cum-Special Judge, Nalanda at Bihar Sharif, in connection with Aungari Police Station Case No.78 of 2017 registered under Sections 147/149/341/323/504/307 of the Indian Penal Code and Section 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. For dispute relating to digging of drainage, there is general and omnibus allegation against nine persons including the appellant to have abused the informant by taking caste name and committed assault. Petitioner is in custody since 17.12.2017.
Patna High Court CR. APP (SJ) No.797 of 2018 (2) dt.23-03-2018 P2/ Considering the general and omnibus 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 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 appeal is allowed.
(Birendra Kumar, J) Mkr./- U T