Patna High CourtCR. APP (SJ)/1100/2018allowed

Shivjee Singh v. The State Of Bihar

2018-04-27Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1100 of 2018 Arising Out of PS.Case No. -339 Year- 2017 Thana -SAHPUR District- BHOJPUR ===========================================================

1. Shivjee Singh, son of Mahendra Singh @ Nanhak Singh, Resident of VillageBheriya, P.S.- Shahpur, Dist.- Bhojpur. .... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr.

For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 27-04-2018 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for regular bail by the learned 1st Additional Sessions Judge-cum-Special Judge SC/ST, Bhojpur, Ara in SC/ST Case No. 687 of 2017 arising out of Shahpur P.S. Case No. 339 of 2017 registered under Sections 506, 435 of the Indian Penal Code as well as Section 3(i)(r)(s)/3(2)(v) of the SC/ST Act.

Allegation against the appellant is that he burnt the crop of the informant lying for grinding and abused by taking caste name of the informant for the reason that the informant had informed to the police that the appellant deals with liquor. The appellant is in custody since 06.02.2018. The appellant has got two criminal cases of trivial nature.

Patna High Court CR. APP (SJ) No.1100 of 2018 dt.27-04-2018 2/2 Considering the entire facts, let the appellant, above named, be released on bail on completion of the investigation on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with the aforesaid case, subject to the condition that the appellant shall fully cooperate with the investigation and 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 this appeal stands allowed.

(Birendra Kumar, J) Kundan/- AFR/NAFR NA CAV DATE NA Uploading Date 30.04.2018 Transmission Date 30.04.2018