Patna High CourtCR. APP (SJ)/526/2018allowed

Kanhaiya Thakur v. The State Of Bihar

2018-04-11Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.526 of 2018 ======================================================

1. Kanhaiya Thakur S/o Late Dudh Nath Thakur, R/o Vill.- Dharampur, P.S.- Gopalpur, Distt.- Gopalganj.

.... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Harendra Prasad, Adv For the Respondent/s : Mr. Binay Krishna,SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 11-04-2018 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, Gopalganj in connection with Gopalpur Police Station Case No.162 of 2017 registered under Sections 341,323,307,504/34 of the Indian Penal Code, Section 27 of the Arms Act and Section 3(1)(c)(r)/3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Allegation against the appellant is of commission of assault to informant with Farsa at the head. The Doctor has found simple injuries on the head of the informant. Appellant is in custody since 01.12.2017. There is no allegation of repetition of blow. Investigation of the case is

Patna High Court CR. APP (SJ) No.526 of 2018 (4) dt.11-04-2018 already complete.

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 trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant.

Accordingly, the appeal stands allowed.

(Birendra Kumar, J) Nitesh/- U T