Patna High CourtCR. APP (SJ)/2283/2018allowed

Jaywardhan Sahni v. The State Of Bihar

2018-07-06Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2283 of 2018 Arising Out of PS.Case No. -77 Year- 2017 Thana -BACHWARA District- BEGUSARAI ===========================================================

1. Jaywardhan Sahni S/o Jageshwar Sahni @ Jogeshwar Sahni, R/o Vill.- Nonpur, P.S.- Teghra, District- Begusarai. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Ram Sumiran Rai, Adv For the Respondent/s : Smt. Usha Kumari No.1, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 06-07-2018 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 06.06.2018 by the learned Special Judge (S.C./S.T. Act), Begusari, in connection with Bachhwara Police Station Case No.77 of 2017 registered under Sections 302/120B/34 of the Indian Penal Code, Section 27 of Arms Act and Section 3(2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Submission is that the appellant is not named in the F.I.R. The informant is eyewitness of the occurrence of the assault and murder. Name of the appellant had transpired in the confessional statement of the co-accused. Considering the aforesaid material, let the

Patna High Court CR. APP (SJ) No.2283 of 2018 dt.06-07-2018 2/2 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 Date10.07.2018 Transmission Date 10.07.2018