Single judge allowed the criminal appeal and set aside the order refusing bail. The court ordered the release of the appellant on bail on furnishing a bond of Rs. 20,000 with two sureties alike amount.
Appellant released on bail on furnishing bond of Rs. 20,000 with two sureties of the like amount alike amount.
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.3565 of 2018
Arising Out of PS.Case No. -73 Year- 2018 Thana -RAJAPAKAR District- VAISHALI(HAJIPUR)
=========================================================== Raushan Kumar S/o. Sanjay Singh, R/o. Village- Rajapakar Rajput Tola, P.S. Rajapakar, District- Vaishali
.... .... Appellant/s Versus The State of Bihar .... .... Respondent/s =========================================================== Appearance : For the Appellant/s : Mr. Umesh Kumar Singh, Advocate For the Respondent/s : Mr. Binay Krishna, SPP ===========================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 18-09-2018
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 vide order dated 31.07.2018 passed by the learned Additional Sessions Judge-I-cum-Special Judge, Vaishali at Hajipur, in connection with Rajapakar Police Station Case No.73 of 2018, registered under Sections 147/148/149/341/323/379/427/337/504/506 of the Indian Penal Code and Section 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
After hearing the parties and considering the nature of allegation as well as the fact that the appellant is in custody since 04.07.2018, let the appellant, above named, be released on bail on
Patna High Court CR. APP (SJ) No.3565 of 2018 dt.18-09-2018
P2/
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 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 appeal is
allowed.
(Birendra Kumar, J)
Mkr./-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| UploadingDate | 19.09.2018 |
| Transmission Date |
19.09.2018 |
2 issues framed by the court
Whether the bail prayer made by the appellant should be granted despite the nature of the atrocity allegations.
Whether the impugned order rejecting bail was correct in law and fact.
3 provisions across 2 enactments
Arushan Kumar S/o. Sanjay Singh
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
