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Patna High CourtCR. APP (SJ)/78/2020allowed

Dablu Dubey @ Ajit Kumar Pandey v. The State Of Bihar

2020-02-05Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.78 of 2020 Arising Out of PS. Case No.-334 Year-2018 Thana- CHAKIA District- East Champaran ====================================================== DABLU DUBEY @ AJIT KUMAR PANDEY Son of Satyendra Pandey @ Indra Bhushan Pandey Resident of Village - Dumariya Pandey Tola, P.S.- Dumariya Ghat, District- East Champaran.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Ajay Kumar Singh For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-02-2020 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, 2015 against refusal of the prayer for bail by order dated 07.12.2019 in Motihari SC/ST. Tr. No. 402/2018, arising out of Chakiya P.S. Case no. 334 of 2018 passed by 1st Additional Sessions Judge-cum-Special Judge SC/ST (POA), Motihari, East Champaran in connection with aforesaid case, registered under Sections 302, 201/34 of the Indian Penal Code as well as Sections 3(2) (vi), 3(i)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015. It appears that having identical allegations co-accused Pappu Tiwari @ Rajiv Tiwari has already been granted

Patna High Court CR. APP (SJ) No.78 of 2020(2) dt.05-02-2020 2/2 anticipatory bail by a co-ordinate Bench of this Court. Considering the aforesaid facts, 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 both bailors shall be resident of territorial jurisdiction of the learned court below and further 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 this appeal stands allowed.

(Birendra Kumar, J) Ranjeet/Gaurav U T