Rajpati Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.600 of 2018 Arising Out of PS.Case No. -71 Year- 2017 Thana -GWALPARA District- MADHEPURA ======================================================

1. Rajpati Mahto, S/o Late Pannalal Mahto, Resident of Village- Beergoan, P.S. Gwalpara, District- Madhepura.

.... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Nafisuzzoha For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-03-2018 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 Special Judge S.C./S.T. Act-cum-1st Additional Sessions Judge, Madhepura in H.A. Case No. 134 of 2017 arising out of Gwalpara (Arar O.P.) P.S. Case No. 71 of 2017 registered under Sections 302/34 of the Indian Penal Code as well as Section 3(X)(XI) of the SC/ST Act. It appears that considering the general and omnibus nature of allegation of assault Ratandeo Mahto and Mangal Mahto have already been allowed bail earlier vide Annexure-2, an order passed in Cr. Appeal (SJ) No. 141 of 2018. Hence, let the appellant, above named, be

Patna High Court CR. APP (SJ) No.600 of 2018 (3) dt.29-03-2018 2/2 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 and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant.

Accordingly, this appeal stands allowed.

(Birendra Kumar, J) Kundan/- U T