Md. Abbash Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1702 of 2018 Arising Out of PS.Case No. -45 Year- 2018 Thana -PARSA District- SARAN ====================================================== Md. Abbash Mian, son of late (Abdul) Latif Mian, resident of village Harpur Parsa, P.S. Parsa, Distt. Saran at Chapra (Bihar). .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Manoj Kumar, Advocate. For the Respondent/s : Mr. Binay Krishna, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-05-2018 Heard learned counsel for the Appellant and learned Spl. P.P. for the State.

This Appeal has been preferred against the impugned order dated 24.04.2018 passed by the learned Special Judge SC/ST (Prevention of Atrocities) Act, Saran at Chapra, in connection with Parsa Police Station Case No. 45 of 2018 registered for the offence under Sections 302, 120(B), 34 of the Indian Penal Code, Section 27 of the Arms Act and Section 3 (2) (VR) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, by which the prayer for bail of the Appellant has been rejected.

Learned counsel for the Appellant has submitted that name of this Appellant along with other accused persons including Maina Devi has appeared in the Fard-e-beyan as

Patna High Court CR. APP (SJ) No.1702 of 2018 (3) dt.23-05-2018 2/2 conspirator/identifier of committing murder of husband of the informant. It has further been submitted that co-accused Maina Devi has already been granted bail by coordinate Bench of this Court vide order dated 11.05.2018 passed in Cr. Appeal (SJ) No. 1630 of 2018. The Appellant is in custody since 22.3.2018. In the facts and circumstances of the case, this Appeal is allowed and the impugned order dated 24.04.2018 passed by the learned Special Judge SC/ST (Prevention of Atrocities) Act, Saran at Chapra, in connection with Parsa P.S. Case No. 45 of 2018 is hereby set aside.

Let the Appellant above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge SC/ST (Prevention of Atrocities) Act, Saran at Chapra, in connection with Parsa P.S. Case No. 45 of 2018, subject to the condition that both the bailors will be the close relatives of the Appellant.

(Sanjay Priya, J) S.Ali/- U T