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Patna High CourtCR. APP (SJ)/228/2018allowed

Shaukat Ali v. The State Of Bihar

2018-02-13Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.228 of 2018 Arising Out of PS.Case No. -256 Year- 2017 Thana -ASHTHWAN District- NALANDA (BIHARSHARIFF) ======================================================

1. Shaukat Ali S/o Late Shamsul Alam, R/o Village- Kamashpur, P.S.- Asthawan, District- Nalanda.

.... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Nilesh Kumar, Advocate For the Respondent/s : Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-02-2018 Heard learned counsel for the parties.

This is an appeal under Section 14(A) 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 Biharsharif, in connection with Asthawan Police Station Case No.256 of 2017 registered under Sections 341/323/307/34 of the Indian Penal Code, Section 27 of the Arms Act and Section 3(i)(x)of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

There is general and omnibus allegation of commission of assault with Garasa at the head of the informant. The doctor has bound single lacerated wound at the vertex simple

Patna High Court CR. APP (SJ) No.228 of 2018 (2) dt.13-02-2018 P2/ in nature caused by hard and blunt substance. 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