Md. Shamim @ Md. Shamim Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.226 of 2018 Arising Out of PS.Case No. -87 Year- 2017 Thana -NARPATGANJ District- ARRARIA ======================================================
1. Md. Shamim @ Md. Shamim Alam S/o Mofil, R/o Village- Bardaha (Nathpur), P.S.- Narpatganj, Distt.- Araria.
.... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Ramesh Kumar Singh, Advocate For the Respondent/s : Mr. Sadanand Paswan, 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, Araria, in connection with Supplementary Special Case No.95 of 2017, arising out of Narpatganj Police Station Case No.87 of 2017 registered under Sections 324/307/332/353/379/225/338/506 and other minor sections of the Indian Penal Code and Section 3(i)(r)/3(ii)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The F.I.R. is against 80 named persons including the appellant. Allegation of commission of abuse and assault is
Patna High Court CR. APP (SJ) No.226 of 2018 (2) dt.13-02-2018 P2/ general and omnibus.
Submission is that for the same occurrence two F.I.Rs. were lodged. Co-accused Md. Haidar @ Md. Haidar has already been allowed bail by a coordinate Bench of this Court vide Annexure-2.
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