Rajendra Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5708 of 2019 Arising Out of PS. Case No.-28 Year-2019 Thana- SRINAGAR District- West Champaran ====================================================== 1.
RAJENDRA BHAGAT Son of Late Ram Nihora Bhagat 2.
Sandip Bhagat S/o Harendra Bhagat Both are Residents of Village- Bagahi Baghambarpur, Tola Bin Toliya, P.S.- Shrinagar Pujahan, Dist- West Champaran ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Sachida Nand Rai, Adv For the Respondent/s :
Mrs.Usha Kumari 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 06-01-2020 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 18.11.2019 in B.P. No.3500 of 2019 passed by the learned 1st Additional District and Sessions Judge-cum-Special Judge (S.C./S.T./POCSO), Bettiah, West Champaran in connection with Shrinagar Pujahan P.S.Case No.28 of 2019 registered under Sections 147, 149,341,323,324,325,379,354,427,504,506 of the Indian Penal Code and Section 3(i)(g)(w)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Patna High Court CR. APP (SJ) No.5708 of 2019 dt.06-01-2020 2/2 Appellant-Rajendra Bhagat allegedly caused fracture at the hand of Ram Babu Paswan. There is no specific allegation against appellant-Sandip Bhagat. Appellants are in custody since 24.10.2019. Investigation of the case is already complete. Learned counsel for the informant opposed the prayer for bail.
Considering the nature of allegation and period already undergone, let the appellants, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) each 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 appellants shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellants.
Accordingly, the impugned order is set aside and this appeal stands allowed.
(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 07.01.2020 Transmission Date 07.01.2020