Prahlad Mahto vs The State Of Bihar
2021 Latest Caselaw 3720 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                       CRIMINAL APPEAL (SJ) No.2003 of 2021
       Arising Out of PS. Case No.-598 Year-2020 Thana- MUFFASIL District- West Champaran
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1. PRAHLAD MAHTO Son of Baksar Mahto

2. RAMLAKHAN MAHTO Son of Late Jiut Mahto Both are Resident of Village - Barwat Sena, P.S. - Bettiah (Muffasil), Distt. - West Champaran.

... ... Appellant/s Versus The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Bimlesh Kumar Pandey, Advocate For the Respondent/s : Mr. Sadanand Paswan, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 27-07-2021

Heard the parties in virtual Court.

Let the defects be removed within four weeks after start of the

physical Court.

This is an appeal under Section 14-A(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 21.01.2021 in B.P. No. 69 of 2021 passed by the

learned 1st Additional Sessions Judge-cum-Special Judge (SC/ST), West

Champaran at Bettiah in connection with Bettiah (Muffasil) P.S. Case No.

598 of 2020 registered under Sections 341, 323, 307, 504, 506/34 of the

Indian Penal Code as well as Sections 3(1)(r)(s) of the SC/ST Act.

Appellant No. 1 Prahlad Mahto and co-accused Sambhu Mahto

allegedly caught and others assaulted to the informant and committed Patna High Court CR. APP (SJ) No.2003 of 2021 dt.27-07-2021

theft.

Considering the general and omnibus nature of allegation of

assault as well as completion of investigation, let the appellants, above

named, be released on bail on furnishing bail bonds of Rs.20,000/-

(Rupees Twenty Thousand) each 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 following

conditions:-

(a) The appellants shall fully cooperate with the

investigation/trial of the case, failing which the learned court below shall

be at liberty to cancel the bail bond of the appellants.

(b) Both the bailors shall be resident of territorial jurisdiction

of the learned court below.

(c) The appellants shall not leave the country without

permission of the learned trial court.

Accordingly, the impugned order is set aside and this

appeal stands allowed.

(Birendra Kumar, J)

Kundan/-

AFR/NAFR                 N.A.
CAV DATE                 N.A.
Uploading Date           29.07.2021
Transmission Date        29.07.2021