Patna High Court - Orders
Sukkan Mahto vs The State Of Bihar on 2 January, 2018
Author: Birendra Kumar
Bench: Birendra Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3352 of 2017
Arising Out of PS.Case No. -58 Year- 2017 Thana -BIBHUTIPUR District- SAMASTIPUR
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1. Sukkan Mahto, son of Late Sharwan Mahto, resident of Village- Boriya,
P.S.- Bibhutipur, District- Samastipur.
.... .... Appellant/s
Versus
1. The State of Bihar
.... .... Respondent/s
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Appearance :
For the Appellant/s : Mr. Mritunjay Kumar, Advocate
Mr. Jitendra Kumar Pandey, Advocate
For the Respondent/s : Mr. Binay Krishna, SPP
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CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
ORAL ORDER
2 02-01-2018Heard 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 anticipatory bail by the learned Special Judge (S.C./S.T. Act), Samastipur, in connection with Bibhutipur Police Station Case No.58 of 2017 registered under Sections 323/325/504/506/34 of the Indian Penal Code and Section 3(i)(a)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Allegation against the appellant is that he had conspired with other co-accused, who were directly involved in abuse and assault to the Amin.
Considering the nature of allegation, let the appellant, Patna High Court CR. APP (SJ) No.3352 o f 2017 (2) dt.02-01-2018 P2/ above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds 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, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as 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 appeal stands allowed.
(Birendra Kumar, J) Mkr./-
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