Patna High CourtCR. APP (SJ)/532/2018allowed

Mohan Ray @ Mohan Kumar Ray v. The State Of Bihar

2018-03-15Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.532 of 2018 ======================================================

1. Mohan Ray @ Mohan Kumar Ray S/o Bhulan Rai, R/o Village- Bakhari Varai, P.S.- Rajapakar in the District of Vaishali. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Ranjeet Kumar, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-03-2018 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, Vaishali at Hajipur, in connection with Rajapakar Police Station Case No.117 of 2017 registered under Sections 341/323/324/504 /379 / 420 / 406/ 120B of the Indian Penal Code and Section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Complaint based allegation would reveal that the occurrence took place for land dispute and not in public view. Learned counsel for the complainant opposed the prayer for bail.

Patna High Court CR. APP (SJ) No.532 of 2018 (3) dt.15-03-2018 P2/ Considering the aforesaid fact the appellant deserves bail, 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