Pappu Mehta And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2465 of 2018 Arising Out of PS.Case No. -495 Year- 2017 Thana -SAUR BAZAR District- SAHARSA ===========================================================
1. Pappu Mehta, Son of Suresh Mehta,
2. Narayan Mehta,
3. Upendra Mehta, Both are son of Late Sita Ram Mehta, All are residents of Village- Bandha, Ward No.10, Police Station- Murliganj, District- Madhepura. .... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Md. Harun Quareshi, Advocate For the Respondent/s : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 06-08-2018 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 vide order dated 29.05.2018 passed by the learned 1st Additional Sessions Judge-cum-Special Judge, Saharsa, in connection with Saur Bazar Police Station Case No.495 of 2017, registered under Sections 341/323/384/379/354/ 307/435/504/506/34 of the Indian Penal Code and Section 3(i)(r)(s)(u) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
There is general and omnibus allegation of
Patna High Court CR. APP (SJ) No.2465 of 2018 dt.06-08-2018 P2/ commission of grievous injuries and murderous assault against 17 FIR named accused persons. Specific allegation is against co-accused named in the FIR. Appellants are in custody since 29.04.2018 and 25.05.2018 respectively.
Learned counsel for the informant opposed the prayer for bail.
Considering the general and omnibus nature of allegation against the appellants as well as completion of investigation, let the appellants, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) each 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 the appellants 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 appellants. Accordingly, the impugned order is set aside and appeal is allowed.
(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date08.08.2018 Transmission Date 08.08.2018