Criminal Appeal against refusal of regular bail. The High Court allowed the appeal and granted bail to the appellant, requiring a police bond and sureties, subject to cooperation with investigation and trial.
Released on bail on furnishing a bond of Rs.20,000/- with two sureties of the like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.3307 of 2017
Arising Out of PS.Case No. -163 Year- 2017 Thana -VIJAYPUR District- GOPALGANJ
======================================================
.... .... Appellant/s
Versus .... .... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr. Pramod Kumar Singh For the Respondent/s : Mr. Smt Usha Kumari No-1
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
This is an appeal under Section 14(A)(2) 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 by the learned 1st Additional Sessions Judge, Gopalganj in Tr. No. 163 of 2016 arising out of Vijaypur P.S. Case No. 163 of 2017 registered under Sections 341, 323, 324, 307, 504/34 of the Indian Penal Code as well as Section 3(i)(x) of the SC/ST Act.
The appellant is alleged to have given blow with dagger causing injury on the non-vital part of the body of the informant i.e. on chin, on left arm and in front of the neck.
According to opinion of the Doctor, the injury on the chin was caused by sharp cutting substance and other injuries
Patna High Court CR. APP (SJ) No.3307 of 2017 (4) dt.09-01-2018
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were caused by hard blunt substance, simple in nature. The appellant is in custody since 12.09.2017.
Hence, 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 and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant.
Accordingly, this appeal stands allowed.
(Birendra Kumar, J)
Kundan/-
U T
3 issues framed by the court
Whether the appellant is entitled to be released on bail in an appeal against refusal of regular bail under the SC/ST Act.
Whether the bail conditions imposed by the learned court below satisfy the requirements of law.
Whether the impugned order refusing bail should be interfered with.
3 provisions across 2 enactments
Rama Sahni
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
