Chhotu Kumar @ Chhota v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2776 of 2018 Arising Out of PS. Case No.-64 Year-2018 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Chhotu Kumar @ Chhota, S/o Ashok Singh @ Ashok Kumar Singh, Resident of Village- Balthi Narsing, P.S.- Sahebganj, District- Muzaffarpur. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Sunil Kumar Pandey For the Respondent/s :

Smt. Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 08-10-2018 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 18.05.2018 passed by the learned Special Judge SC/ST Act, Muzaffarpur in Sahebganj Police Station Case No.64 of 2018 registered under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code as well as Section 27 of the Arms Act and Section 3(i)(r)(5), 2(r,a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

The appellant fired causing injury at the thigh of the informant. The occurrence took place for trivial dispute. The

Patna High Court CR. APP (SJ) No.2776 of 2018 dt.08-10-2018 2/2 appellant is in custody since 09.03.2018. Investigation of the case is already complete.

Considering the entire facts aforesaid, let the appellant, above named, be released on bail after framing of the charge or after two months from the date of receipt of copy of this order, whichever is earlier, 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.

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