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Patna High CourtCR. APP (SJ)/1024/2018allowed

Prince Kumar Sah @ Prince Sah v. The State Of Bihar

2018-05-11Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1024 of 2018 Arising Out of PS.Case No. -680 Year- 2017 Thana -FORBESGANJ District- ARRARIA ===========================================================

1. Prince Kumar Sah @ Prince Sah son of Mahanthi Sah Resident of Village - Belsara Goth, Ward No. 10, P.S. - Raniganj, District - Araria. .... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Ranjeet Kumar Singh, Advocate For the Respondent/s : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 11-05-2018 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 1st Additional Sessions Judge-cum-Special Judge, Araria, in connection with Special (SC/ST) Case No.4 of 2018, arising out of Forbesganj (Simraha) Police Station Case No.680 of 2017, registered under Sections 341/324/325/307/120B/427/34 of the Indian Penal Code, Section 27 of the Arms Act and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The informant specifically stated that co-accused Arjun Mandal had fired twice at him and one of the shot caused injury

Patna High Court CR. APP (SJ) No.1024 of 2018 dt.11-05-2018 P2/ at the waist of the informant. The appellant is not named in the FIR. Considering the statement of the informant recorded under Section 164 Cr.P.C. wherein there is no allegation against the appellant, 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 CAV DATE NA Uploading Date Transmission Date