Patna High CourtCR. APP (SJ)/4201/2018allowed

Tarun Kinkar @ Tarundeo @ Tarundeo Kamkar v. The State Of Bihar

2018-12-13Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4201 of 2018 Arising Out of PS. Case No.-17 Year-2018 Thana- TEYAR District- Bhojpur ====================================================== Tarun Kinkar @ Tarundeo @ Tarundeo Kamkar Son of Late Ramdev Prasad Resident of Village-Hetampur, P.S. Tiar, Distt.-Bhojpur at Ara (Bihar) ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Abhay Kumar Pandey, Advocate For the Respondent/s :

Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 13-12-2018 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 against the refusal of prayer for bail vide order dated 09.08.2018 passed by the learned 1st Additional Sessions Judge, Bhojpur at Ara, in SC/ST Case No.85 of 2018, arising out of Tiar Police Station Case No.17 of 2018, registered under Sections 341/323/307/504/506/34 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3(i)(r)(s)/3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Allegation against the appellant is of commission of

Patna High Court CR. APP (SJ) No.4201 of 2018 dt.13-12-2018 2/2 assault with iron rod. Allegation against co-accused Barun Karmkar is of commission of injury with fire-arm at the elbow of the informant. This Court has already granted bail to Barun Karmkar his period of custody since 05.05.2018. The appellant is in custody since 10.07.2018.

Considering the aforesaid fact, 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 Date 14.12.2018 Transmission Date 14.12.2018