Kamta Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.519 of 2018 Arising Out of PS.Case No. -83 Year- 2016 Thana -AMJOR District- SASARAM (ROHTAS) ======================================================
1. Kamta Singh S/o Late Bacchu Singh, R/o Village- Uchaila, P.S.- Rohtas (Amjhore), District- Rohtas ..... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Sada Nand Roy, Adv. For the Respondent/s : Mr. Sri Sadanand Paswan, SPP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-02-2018 Heard learned counsel for the parties.
This is an appeal under Sections 14(A) 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, Rohtas at Sasaram in connection with Rohtas Amjhore P.S.Case No. 83 of 2016 registered under Sections 147, 148, 149, 341, 323, 337, 338, 307, 353, 350, 171 (F), 427, 34 of the Indian Penal Code as well as under Sections 3(i)(x) of the Scheduled Castes and Scheduled Tribes Act and 130(9) of Bihar Panchayati Rajya Act 2006.
Appellant is not named in the FIR. Hence, specific allegation is not there against the appellant under the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
In the circumstances, in my view, appellant deserves anticipatory bail.
Patna High Court CR. APP (SJ) No.519 of 2018 (2) dt.26-02-2018 Accordingly, 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