Sheikh Taiyab v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3834 of 2018 Arising Out of PS.Case No. -364 Year- 2018 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ===========================================================
1. Sheikh Taiyab S/o-Sheikh Bhikhari, Resident of Village- Gahiri Tola, Shekhawana, P.S. Jagdishpur, District-West Champaran. .... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Nafisuzzoha, Adv For the Respondent/s : Smt. Usha Kumari No.1, SPP =========================================================== 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 against the refusal of prayer for bail by order dated 14.09.2018 in B.A. No.3012 of 2018 arising out of Nautan Jagdishpur P.S.Case No.364 of 2018 passed by the learned A.D.J. 1st-cum-Special Judge (S.C./S.T. Act), Bettiah, West Champaran registered under Sections 341, 323, 324, 307, 354B, 504/34 of the Indian Penal Code and Section 3(i)(r)3(ii)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Appellant is in custody since 17.07.2018. FIR would reveal that for land dispute, the appellant allegedly
Patna High Court CR. APP (SJ) No.3834 of 2018 dt.06-11-2018 2/2 caused injury at the hand of the informant. Appellant has got no criminal antecedent.
Submission is that the Doctor has found simple injury.
Considering the aforesaid facts, let the appellant, above named, be released on bail on furnishing bail bond of Rs.20,000/- (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, with condition that both 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) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date08.11.2018 Transmission Date 08.11.2018