Rojit @ Rojid @ Rajid @ Md. Mukhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1970 of 2018 Arising Out of PS.Case No. -219 Year- 2017 Thana -BAUSI District- PURNIA ===========================================================

1. Rojit @ Rojid @ Rajid @ Md. Mukhtar, son of Late Imdad, resident of VillageMalharia, P.S. Baisi, District- Purnea. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr.

For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 24-07-2018 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail vide order dated 16.05.2018 in Spl. SC/ST Case No. 332 of 2017 passed by the learned 1st Additional Sessions Judge-cum-Special Judge (S.C./S.T. Act), Purnea in connection with Baisi P.S. Case No. 219 of 2017 registered under Sections 147, 148, 149, 452, 341, 325, 307, 302, 380, 427, 504 of the Indian Penal Code as well as Sections 3(1)(v)(x), 3(2)(v) of the SC/ST Act.

According to FIR, the appellant and others assaulted causing injury to the father and uncle of the informant. During course of treatment, father of the informant died.

Submission is that the case diary would reveal that the witnesses have stated before the police that the appellant and others had

Patna High Court CR. APP (SJ) No.1970 of 2018 dt.24-07-2018 2/2 nothing to do with the occurrence alleged, rather due to village politics, he has been falsely implicated.

Learned Special Public Prosecutor opposed the prayer for bail.

Considering the aforesaid facts, let the appellant, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (rupees 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, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as 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 as well as condition that both the bailors shall be resident of within the territorial jurisdiction of the learned court below.

Accordingly, the impugned order is set aside and this appeal stands allowed.

(Birendra Kumar, J) Kundan/- AFR/NAFR N.A.

CAV DATE N.A.

Uploading Date 27.07.2018 Transmission Date 27.07.2018