Siya Ram Mahto @ Jhulan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4075 of 2018 Arising Out of PS. Case No.-23 Year-2018 Thana- SC/ST District- Lakhisarai ====================================================== Siya Ram Mahto @ Jhulan Mahto Son of Ganesh Mahto @ Ganesh Mandal Resident of Village-Ramchandra Pur, P.S. Pipariya, Distt.-Lakhisharai ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Vibhakar Kumar, Advocate For the Respondent/s :

Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 07-12-2018 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 against the refusal of prayer for bail vide order dated 04.09.2018 passed by the learned 1st Additional Sessions Judge-cum-Special Judge (S.C./S.T. Act), Lakhisharai, in SC/ST No. 62 of 2018, arising out of Lakhisharai SC/ST Police Station Case No.23 of 2018, registered under Sections 341/323/324/504/506/554/34 of the Indian Penal Code and Sections 3(i)(r)(s)/2(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

There is case and counter case. The offences of the

Patna High Court CR. APP (SJ) No.4075 of 2018 dt.07-12-2018 2/2 Indian Penal Code alleged against the appellant are bailable. Hence, 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 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 appeal is allowed.

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date 10.12.2018 Transmission Date 10.12.2018