The single judge allowed an appeal against the refusal of bail, setting aside the impugned order and directing the release of the appellant on bail with bonds and conditions.
The appellant be released on bail on furnishing a bond of Rs. 20,000 with two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.576 of 2018
Arising Out of PS.Case No. -258 Year- 2017 Thana -SURSAND District- SITAMARHI
.... .... Appellant/s Versus 1. The State of Bihar.
.... .... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr. Dinesh Jha, Advocate For the Respondent/s : Smt Usha Kumari No-1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
3 09-04-2018 Heard learned counsel for the parties.
This is an appeal under Section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail by the learned Additional Sessions Judge 1st -cum-Special Judge, Sitamarhi, in connection with Sursand Police Station Case No.258 of 2017 registered under Sections 341/323/324/307/504/34 of the Indian Penal Code and Section 3(i)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
There is general and omnibus allegation of commission of assault by sixteen persons including the appellant. The doctor has found simple injuries .
In the circumstances, let the appellant, above
Patna High Court CR. APP (SJ) No.576 of 2018 (3) dt.09-04-2018
P2/
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 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./-
U T
1 issue framed by the court
Whether the appeal filed against the refusal of bail by the Special Judge should be allowed.
1 provisions across 1 enactments
Mintu Kumar
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
