Sharma Mahto vs The State Of Bihar
2021 Latest Caselaw 5069 Patna

    IN THE HIGH COURT OF JUDICATURE AT PATNA
                CRIMINAL APPEAL (SJ) No.1620 of 2021
  Arising Out of PS. Case No.-189 Year-2017 Thana- RAGHUNATHPUR District- Siwan
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SHARMA MAHTO, S/O LATE RAMPRIT MAHTO, R/O VILLAGE - GABHIRAR, P.S. - RAGHUNATHPUR, DISTRICT - SIWAN.

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

For the Appellant/s : Mr. Udit Narayan Singh, Advocate For the Respondent/s : Mr. Sadanand Paswan, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 27-10-2021

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

(hereinafter referred to as the "SC/ST Act") against the refusal of prayer

for regular bail vide order dated 24.07.2018 in Special Case No. 65 of

2018 passed by the learned 1st Additional Sessions Judge-cum-Special

Judge, Siwan in connection with Raghunathpur P.S. Case No. 189 of

2017 registered under Sections 302/34 of the Indian Penal Code as well

as Sections 3(2)(v) of the SC/ST Act.

The appellant, allegedly, assaulted with a farsa causing

injury at the head of the deceased. Appellant is in custody since

19.05.2018.

In the past, prayer for bail was refused on 20.12.2018

vide order at Annexure-1 with direction to the learned Trial Judge to

expedite the trial.

The report of the learned Trial Judge dated 14.09.2021 Patna High Court CR. APP (SJ) No.1620 of 2021 dt.27-10-2021

would reveal that the case was at the stage of final argument. However,

on the prayer of prosecution under Section 311 Cr.P.C. summon has

been issued to witness Durga Kishku. Appellant is ready to cooperate

with the trial.

Considering the period already undergone by the

appellant, let the appellant, above named, be released on bail on

furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) 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 appellant shall fully cooperate with the trial of the

case, failing which the learned court below shall be at liberty to cancel

the bail bond of the appellant.

(b) Both the bailors shall be resident of territorial

jurisdiction of the learned court below.

(c) The appellant 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          28.10.2021
Transmission Date       28.10.2021