Criminal Appeal against refusal of bail under SC/ST Act. Court granted bail releasing appellant on bond, noting co-accused already on bail due to accidental death report and appellant's absence in FIR.
Appellant released on bail on bond of Rs.20,000 with two sureties, conditioned to cooperate in investigation/trial.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.922 of 2018
Arising Out of PS.Case No. -121 Year- 2017 Thana -SONBERSA District- SITAMARHI
====================================================== 1. Ajay Sah @ Mohan S/o Ramnath Sah, R/o Village- Bhuthi, P.S.Sonbarsa, District- Sitamarhi. .... .... Appellant/s Versus 1. The State of Bihar .... .... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr. Virendra Kumar, Advocate For the Respondent/s : Mr. Sadanand Paswan, 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)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail by the learned 1st Additional Sessions Judge-cum-Special Judge (S.C./S.T. Act), Sitamarhi, in connection with Sonbarsa Police Station Case No.121 of 2017 registered under Section 302/34 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
It appears that co-accused Chunchun Mahto @ Chunchun Kumar, who is named in the FIR, has already been allowed bail by a coordinate Bench of this Court, vide Annexure-
Patna High Court CR. APP (SJ) No.922 of 2018 (3) dt.09-04-2018
P2/
2, for the reason that during investigation it was found a case of death of the victim by road accident of motorcycle on which the victim was traveling.
Considering the aforesaid fact as well as the fact that the appellant is not named in the FIR, let the appellant, above 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 bail should be granted to the appellant who was not named in the FIR when a co-accused has already been granted bail on police report of accidental death.
4 provisions across 3 enactments
Ajay Sah @ Mohan S/o Ramnath Sah
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
