Shambhu Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2376 of 2018 Arising Out of PS.Case No. -81 Year- 2017 Thana -SAHODARA DistrictWESTCHAMPARAN(BETTIAH) ===========================================================

1. Shambhu Manjhi, S/o Late Mangal Manjhi, Resident of village- Kharkatwa, P.S.- Sahodara, Dist.- West Champaran.

.... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr.Sanjeev Kumar, Adv For the Respondent/s : Smt. Usha Kumari No.1, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 13-07-2018 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 by order dated 24.05.2018 by the learned 1st Additional District and Sessions Judge -cum-Special Judge, Bettiah, West Champaran in connection with Sahodara Police Station Case No.81 of 2017 registered under Sections 147, 341, 323, 324, 325, 307, 308, 354, 504 & 506 of the Indian Penal Code and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The appellant is aged about 65 years. Allegation is that he tied the neck of the informant with wrapper with intent

Patna High Court CR. APP (SJ) No.2376 of 2018 dt.13-07-2018 2/2 to commit murder. Allegation of commission of assault at the head of the informant with Farsa is against other co-accused. Appellant is in custody since 24.04.2018. Investigation of the case is already complete.

Considering the nature of allegation, 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 both bailors shall be resident of territorial jurisdiction of the learned court below and further 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) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date16.07.2018 Transmission Date 16.07.2018