Dilip Sharma And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3337 of 2017 Arising Out of PS.Case No. -2 Year- 2017 Thana -SAHKUND District- BHAGALPUR ======================================================
1. Dilip Sharma, Son of Dhiro Sharma,
2. Sanjay Sharma, son of Dhiro Sharma, Both are residents of Village Diwakarkitta, P.S. Shahkund, District- Bhagalpur. .... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Davendra Kumar Pandey, Advocate For the Respondent/s : Smt Usha Kumari No-1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 02-01-2018 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 2nd Additional Sessions Judge-cum-Special Judge (S.C./S.T. Act), Bhagalpur, in connection with S.T. No.880 of 2017, arising out of Shahkund Police Station Case No.2 of 2017 registered under Sections 302/201/34 of the Indian Penal Code and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
It appears that on identical footing some other co-accused Guddu Choudhary has been allowed bail by a coordinate Bench of this Court in Cr. Appeal (SJ) No.2428 of
Patna High Court CR. APP (SJ) No.3337 of 2017 (3) dt.02-01-2018 P2/ 2017 and co-accused Vijay Sharma has been allowed bail by this Court in Cr. Appeal (SJ) No.3298 of 2017.
Considering the aforesaid fact, 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 appeal stands allowed.
(Birendra Kumar, J) Mkr./- U T