Patna High CourtCR. APP (SJ)/2539/2018allowed

Vijay Sharma@Vijay Kumar Sharma v. The State Of Bihar

2018-08-20Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2539 of 2018 Arising Out of PS.Case No. -61 Year- 2017 Thana -TATARPUR District- BHAGALPUR ===========================================================

1. Vijay Sharma @ Vijay Kumar Sharma S/o Natho Mistri, R/o Parbatti, P.S.- University, District- Bhagalpur.

.... .... Appellant/s

Versus

The State of Bihar .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Subhash Kumar Jha, Advocate For the Respondent/s : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 20-08-2018 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 vide order dated 18.06.2018 passed by the learned 3rd Additional Sessions Judge-cum-Special Judge, Bhagalpur, in Tatarpur Police Station Case No.61 of 2017, registered under Sections 147/341/447/323/379/384 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. For land dispute the appellant and others allegedly committed assault and demanded ransom.

Submission is of false implication for pressurizing in the land dispute. Appellant is also a member of scheduled caste.

Patna High Court CR. APP (SJ) No.2539 of 2018 dt.20-08-2018 P2/ The appellant is in custody since 30.05.2018. Investigation of the case is already complete.

Considering the aforesaid fact, 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 NAFR CAV DATE NA Uploading Date21.08.2018 Transmission Date 21.08.2018