Binod Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.499 of 2018 Arising Out of PS.Case No. -5 Year- 2017 Thana -SC/ST District- VAISHALI(HAJIPUR) ======================================================

1. Binod Paswan S/o Ram Chandra Paswan, R/o Village- Digha Fatehpur, P.S.- Baligaon, District- Vaishali.

.... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Naresh Chandra Verma, Advocate For the Respondent/s : Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-03-2018 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 Additional Sessions Judge 1st -cum-Special Judge (S.C./S.T. Act), Vaishali at Hajipur, in connection with Hajipur SC/ST Police Station Case No.5 of registered under Sections 341/323/467/468/504/506/379/34 of the Indian Penal Code and Sections 3(i)(x)/3(1)(s)/3(i)(a)/3(1)(ii)/3(1)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Allegation against the appellant is of commission of abuse by taking the caste name of the informant and also of commission of assault and threat. The reason for dispute, is land,

Patna High Court CR. APP (SJ) No.499 of 2018 (3) dt.09-03-2018 P2/ between the parties. Some other co-accused has already been allowed bail by this Court in Cr. Appeal (SJ) No.3587 of 2017. Considering the aforesaid fact, 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