Lal Babu Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2053 of 2018 Arising Out of PS.Case No. -98 Year- 2013 Thana -KHANPUR District- SAMASTIPUR ===========================================================

1. Lal Babu Das Son of Late Ram Badan Das, resident of Village - Nathu-dwar, P.S.- Khanpur, District- Samastipur.

.... .... Appellant/s

Versus

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

For the Appellant/s : Mr.

For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 24-07-2018 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail vide order dated 22.05.2018 in A.B.P. No. 482 of 2018 passed by the learned 1st Additional Sessions Judge-cumSpecial Judge (S.C./S.T. Act), Samastipur in connection with Khanpur P.S. Case No. 98 of 2013 registered under Sections 302, 201/34 of the Indian Penal Code as well as Section 3(2)(v) of the SC/ST Act. The appellant is not named in the FIR. Co-accused Mahesh Mahto, who is named in the FIR, has already been allowed anticipatory bail by a Coordinate Bench of this Court considering the merit of the allegation vide order dated 21.07.2015 passed in Cr.

Patna High Court CR. APP (SJ) No.2053 of 2018 dt.24-07-2018 2/2 Misc. No. 26379 of 2015 (Annexure-2).

Learned Special Public Prosecutor opposed the prayer for bail.

Hence, let the appellant, 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 bond of Rs.20,000/- (rupees 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 as well as condition that both the bailors shall be resident of within the territorial jurisdiction of the learned court below. 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 27.07.2018 Transmission Date 27.07.2018