Rajesh Poddar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2860 of 2018 Arising Out of PS. Case No.-9 Year-2016 Thana- SC/ST District- Saharsa ====================================================== Rajesh Poddar, Son of Bahadur Poddar, Resident of Village- Golma Tola Bathnaha, P.S. Sour Bazar, District- Saharsa. ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Sada Nand Roy For the Respondent/s :
Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 13-08-2018 Heard learned counsel for the parties.
This is an appeal under Section 14(A) 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 21.06.2018 passed by the learned 1st Additional Sessions Judge-cum-Special Judge, Incharge, Saharsa in Special Case No.70 of 2017, arising out of Saharsa S.C./S.T. Case No.09 of 2016 registered under Sections 341, 354, 323, 384, 504, 506/34 of the Indian Penal Code as well as Section 3(i)(iii)(x)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
The father of the appellant has already been allowed anticipatory bail by this Court vide Anneuxre-2.
Patna High Court CR. APP (SJ) No.2860 of 2018 dt.13-08-2018 2/2 Submission is that for land dispute, allegation is of commission of abuse and assault as well as demand of ransom. The appellant is in custody since 18.05.2018. The investigation of the case is already closed.
Considering the aforesaid facts, let the appellant, above named, be 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/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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