Shambhu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1632 of 2018 Arising Out of PS.Case No. -22 Year- 2018 Thana -DARPA DistrictEASTCHAMPARAN(MOTIHARI) ===========================================================

1. Shambhu Sah, Son of Late Amika Sah, Resident of Village- Lohariya Bichla Tola, P.S.- Darpa, District- East Champaran. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Sunil Kumar No.III, Adv For the Respondent/s : Smt.Usha Kumari No.1, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 11-05-2018 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 Addl. Sessions Judge-cum-Special Judge (S.C./S.T. Act), East Champaran at Motihari, in connection with Darpa Police Station Case No.22 of 2018 registered under Sections 341,323,324,504,506,34 of the Indian Penal Code and Section 3(i)(a)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Considering the nature of allegation for offences under the Indian Penal Code which are bailable and also considering the subsequent addition of the offences under the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act in the FIR, let the appellant, above named, who is in custody since 15.03.2018, having no criminal

Patna High Court CR. APP (SJ) No.1632 of 2018 dt.11-05-2018 antecedent, 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 appeal stands allowed.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date14.05.2018 Transmission Date 14.05.2018