Vinod Singh Kharwar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1269 of 2018 Arising Out of PS.Case No. -244 Year- 2017 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ===========================================================
1. Vinod Singh Kharwar S/o Late Tilak Dhari Singh Village - Soli, P.S. - Navhatta, District - Rohtas.
.... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Deovind Kumar Singh, Adv For the Respondent/s : Mr. Satyendra Narayan Singh, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 27-08-2018 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 06.02.2018 in Registered Case No.87 of 2017 passed by the learned Addl. Sessions Judge-1st, Rohtas at Sasaram, in connection with Sasaram (Darigaon) Police Station Case No.244 of 2017 registered under Sections 302/34 of the Indian Penal Code, Section 27 of the Arms Act, Section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Sections 10(B)(1)/13(1)(a)20 U.A.P.A. Act.
Submission is that the appellant is not named in
Patna High Court CR. APP (SJ) No.1269 of 2018 dt.27-08-2018 2/2 the FIR. The FIR is specific regarding name of the kidnapers of the son of the informant as well as the assailant of the son of the informant, who is Anil Kushwaha. Appellant is in custody since 31.03.2017. Investigation of the case is already complete. Considering the fact that there is no substantial material against the appellant, 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 Date28.08.2018 Transmission Date 28.08.2018