Jaishankar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2320 of 2018 Arising Out of PS.Case No. -725 Year- 2017 Thana -BEGUSARAI TOWN District- BEGUSARAI ===========================================================
1. Jaishankar Singh S/o Shail Singh, R/o Vill.- Vagha, P.S.- Lohiya Nagar, District- Begusrai.
.... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Ajay Kumar Thakur, Advocate Ms. Babita Kumari, Advocate For the Respondent/s : Mr. Sadanand Paswan, 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 24.01.2018 passed by the learned Special Judge (S.C./S.T. Act), Begusarai, in connection with Nagar Police Station Case No.725 of 2017, registered under Sections 341/342/452/323/307/354/427/153A/295/34 of the Indian Penal Code and Sections 3(i)(r)(s)/3(i)(w)(ii)/3(i)(iv) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Appellant is in custody since 05.11.2018. The casediary would reveal that there is old dispute for encroachment of road
Patna High Court CR. APP (SJ) No.2320 of 2018 dt.20-08-2018 P2/ as both sides are neighbours having outlet on the same way. Allegation is of commission of assault with iron road. Considering the background of allegation and the period already undergone by the appellant as well as completion of investigation, 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