Criminal Appeal against the refusal of bail under the SC/ST Act. The High Court allowed the appeal, releasing the appellant on bail since the charges were based on suspicion, with conditions to cooperate in the investigation.
Appellant released on bail of Rs. 20,000 with two sureties of like amount each; appeal allowed; impugned order set aside.
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.3310 of 2018
Arising Out of PS. Case No.-264 Year-2018 Thana- BEGUSARAI MUFFASIL DistrictBegusarai
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Lalan Kumar, S/o Ilo Yadav @ Ilwa, R/o Village- Chandwara, P.S.- Muffasil, District- Begusarai.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Ajay Kumar Thakur, Advocate Mr. Pravin Kumar, Advocate Mr. Shashank Shekhar, Advocate For the Respondent/s : Mr. Binay Krishna, Spl PP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 04-09-2018
Heard learned counsel for the parties.
This is an appeal under Section 14A(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 vide order dated 03.08.2018 passed by the learned Special Judge S.C./S.T. Act, Begusarai in Muffasil Police Station Case No.264 of 2018 registered under Sections 302/34 of the Indian Penal Code as well as Section 3(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
The appellant and others are under suspicion to have committed the murder of the husband of the informant.
Patna High Court CR. APP (SJ) No.3310 of 2018 dt.04-09-2018 2/2
Considering the fact that allegation is based on suspicion, 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.
(Birendra Kumar, J)
abhishek/-
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2 issues framed by the court
Whether the appeal against the refusal of bail under the SC/ST Act should be allowed.
Whether the appellant can be released on bail given that the allegations are based on suspicion rather than proof of guilt.
3 provisions across 2 enactments
Lalan Kumar
The State Of Bihar
BIRENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
