Arun Ray @ Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.670 of 2018 Arising Out of PS.Case No. -771 Year- 2017 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ======================================================

1. Arun Ray @ Arun Kumar S/o Upendra Ray, R/o village- Ram Bhadra, P.S.- Hajipur Town, District- Vaishali at Hajipur. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Sachin Kumar, Adv. For the Respondent/s : Mr. Binay Krishna, SPP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-03-2018 Heard learned counsel for the parties.

This is an appeal under Sections 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, against refusal of the prayer for anticipatory bail by the learned 1st Additional Sessions Judge, Vaishali at Hajipur in connection with Hajipur Town P.S.Case No. 771 of 2017 registered under Sections 341, 323, 307, 379, 504, 506/34 of the Indian Penal Code, under Sections 3(r)(s)of the Scheduled Castes and Scheduled Tribes Act as well as Section 27 of Arms Act.

Specific allegation against the appellant is of commission of assault with Iron Rod at the shoulder, back and left leg of the informant and commission of theft of cash also. Other allegations are against other co-accused persons.

Patna High Court CR. APP (SJ) No.670 of 2018 (2) dt.15-03-2018 Considering the fact that bar under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is not applicable against the appellant. 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 anticipatory bail on furnishing bail bond of Rs.20,000 (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 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, this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- U T