Vijay Sharma And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.238 of 2018 Arising Out of PS.Case No. -37 Year- 2017 Thana -SC/ST District- MUNGER ======================================================
1. Vijay Sharma, S/o Sito Mistry.
2. Vikku Kumar, S/o Vijay Sharma. Both residents of Village- Chhoti Mirzapur Bindwara Road, P.S. Kasim Bazar, District- Munger. .... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Ambrish Kumar Jha, Advocate For the Respondent/s : Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-02-2018 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 -cum-Special Judge (S.C./S.T. Act), Munger, in connection with Munger SC/ST Police Station Case No.37 of 2017, registered under Sections 341/323/354/379/427/504/506/34 of the Indian Penal Code and Sections 3(1)(r)(s)/3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Considering the nature of allegation under the Penal Code as well as under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, as disclosed in the F.I.R., in my
Patna High Court CR. APP (SJ) No.238 of 2018 (3) dt.23-02-2018 P2/ view, the appellants deserve bail.
Hence, 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./- U T