Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4470 of 2018 Arising Out of PS. Case No.-523 Year-2018 Thana- BAKHTIYARPUR District- Patna ====================================================== Chandan Kumar, Son of Munna Rajak, resident of Village - Hakikatpur, P.S. - Bakhtiarpur, District - Patna.

... ... Appellant/s

Versus

The State of Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Ajay Kumar Thakur, Advocate Mr. Nilesh Kumar, Adv.

Mr. Shashank Thakur, Adv.

For the Respondent/s :

Mr. Sadanand Paswan, S.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 14-12-2018 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 03.11.2018 in Special Case No. 10081 of 2018 passed by the learned Special Judge Excise, Patna in connection with Bakhtiyarpur P.S. Case No. 523 of 2018 registered under Sections 323, 341, 353/34 of the Indian Penal Code, Section 37(c) of the Bihar Prohibition and Excise Act, 2016 as well as Section 3(1)(r) of the SC/ST Act.

Considering the nature of allegation against the appellant and the statement of the appellant on oath that he has got no criminal antecedent, let the appellant, above named, be

Patna High Court CR. APP (SJ) No.4470 of 2018 dt.14-12-2018 2/2 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 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 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 15.12.2018 Transmission Date 15.12.2018