Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4042 of 2018 Arising Out of PS. Case No.-176 Year-2018 Thana- MANSI District- Khagaria ====================================================== Rupesh Kumar, Son of Ganesh Singh, Resident of Village- Hardia, P.S.- Choutham, District- Khagadia.

... ... Appellant/s

Versus

The State of Bihar.

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

For the Appellant/s :

Mr. Nilesh Kumar For the Respondent/s :

Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 04-12-2018 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 vide order dated 20.09.2018 passed by the learned 1st Additional Sessions Judgecum-Special Judge, Khagaria in Mansi Police Station Case No.176 of 2018 registered under Sections 341, 342, 323, 504, 506, 379/34 of the Indian Penal Code as well as Sections 25 (1-b)a, 35, 37 of the Arms Act and Sections 3(I)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

For some quarrel that took place during a cricket game, allegation is that the appellant and others intercepted the

Patna High Court CR. APP (SJ) No.4042 of 2018 dt.04-12-2018 2/2 informant and on the order of appellant co-accused, Krishna Kumar took out Rs.20,000/- (Rupees Twenty Thousand) from his pocket and all the accused manhandled the informant. Considering the nature and background of allegation as well as statement of the appellant on oath that he has got no criminal antecedent, let the appellant, above named, be released on bail 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/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) abhishek/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 05.12.2018 Transmission Date 05.12.2018