Shankar Sao v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.515 of 2018 Arising Out of PS.Case No. -2 Year- 2018 Thana -KURTHA District- JEHANABAD ======================================================
1. Shankar Sao S/o Shiv Lakhan Sao, R/o Village- Dhamaulia, P.S.- Kurtha, District- Arwal.
.... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Arvind Kumar Jha, Advocate For the Respondent/s : Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-04-2018 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 the learned Additional Sessions Judge 1st, Jehanabad, in connection with Special SC/ST Case No.3 of 2018, arising out of Kurtha Police Station Case No.2 of registered under Sections 147/148/149/341/323/307/504 of the Indian Penal Code, Section 27 of the Arms Act and Section 3(1)(r)(s)(w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The appellant is in custody since 04.01.2018. Allegation is that he fired at the informant, which caused injury to a female traveling on a tempo. The doctor has found injury at the
Patna High Court CR. APP (SJ) No.515 of 2018 (5) dt.09-04-2018 P2/ thigh and opinion is reserved.
Submission is that the said female passenger has not been examined by the police.
Considering the nature of allegation against the appellant, let the appellant, above named, be released on bail on completion of six months of custody 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./- U T