Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4009 of 2018 Arising Out of PS. Case No.-123 Year-2017 Thana- BACHHWARA District- Begusarai ======================================================

1. Chhotu Kumar, Son of Dina Nath Singh, Resident of VillageGehuni, Police Station- Bhagwanpur, District-Begusarai ... ... Appellant/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Shashi Dhar Jha For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 06-11-2018 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 regular bail vide order dated 12.09.2018 passed by the learned Special Judge, SC/ST Act, Begusarai in Bachhwara Police Station Case No.123 of 2017 registered under Sections 302/34 of the Indian Penal Code as well as Section 3(2) V of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

The F.I.R. was lodged against unknown, on recovery of dead body of son of the informant. During investigation, the informant suspected against the appellant and others to have committed the murder.

Patna High Court CR. APP (SJ) No.4009 of 2018 dt.06-11-2018 2/2 Considering the fact that only material against the appellant is suspicion, let the appellant, above named, 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 learned court below where the case is pending in connection with the aforesaid case, subject to the condition that both the bailors shall be resident of territorial jurisdiction of the learned court below and further 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 this appeal stands allowed.

(Birendra Kumar, J) abhishek/- AFR/NAFR NAFR CAV DATE NA Uploading Date 08.11.2018 Transmission Date 08.11.2018