Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4104 of 2018 Arising Out of PS. Case No.-119 Year-2018 Thana- NAYAGAON District- Saran ====================================================== Ravi Kumar, S/o Late Devbrat Sah, R/o Village Nayagaon Makra, P.O. + P.S.- Nayagaon, District- Saran.

... ... Appellant/s

Versus

The State of Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Rakesh Kumar Soni, Advocate For the Respondent/s :

Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 18-12-2018 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 against the refusal of prayer for anticipatory bail vide order dated 15.09.2018 passed by the learned Additional Sessions Judge-I-cum-Special Judge (S.C./S.T. Act), Saran at Chapra, in A.B.P. No.3069 of 2018, arising out of Nayagaon Police Station Case No.119 of 2018, registered under Sections 354A/379/504/506/448 of the Indian Penal Code and Sections 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

There is relationship of landlord and tenant between the parties and the FIR would reveal that even after

Patna High Court CR. APP (SJ) No.4104 of 2018 dt.18-12-2018 2/2 expiry of tenancy, as per agreement, the appellant was not vacating the premise.

Considering the background of relationship and the allegation, 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 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 impugned order is set aside and appeal stands allowed.

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date 20.12.2018 Transmission Date 20.12.2018