Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3268 of 2018 Arising Out of PS.Case No. -183 Year- 2018 Thana -RANIGANJ District- ARRARIA =========================================================== Rupesh Kumar, Son of Shankar Mahaseth, resident of Village - Kalawati Nagar, P.S. Rani Ganj, District - Araria.

.... .... Appellant/s

Versus

The State of Bihar.

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

For the Appellant/s : Mr. Alok Kumar Alok For the Respondent/s : Smt. Usha Kumari =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 08-10-2018 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 16.08.2018 in Spl. (SC/ST) Case No. 117 of 2018 passed by the learned 1st Additional Sessions Judge-cum-Special Judge S.C./S.T. (POA) Act, Araria in connection with Raniganj P.S. Case No. 183 of 2018 registered under Sections 447, 448, 452, 332, 353, 504, 506, 427/34 of the Indian Penal Code as well as Section 3(i)(r) of the SC/ST Act. Considering the general and omnibus nature of allegation of the Indian Penal Code which are mostly bailable as well as considering the fact that appellant has stated on oath that he has got

Patna High Court CR. APP (SJ) No.3268 of 2018 dt.08-10-2018 P2/ no criminal antecedent, 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 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/Rajan AFR/NAFR N.A.

CAV DATE N.A.

Uploading Date 09.10.2018 Transmission Date 09.10.2018