Pramod Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.831 of 2018 Arising Out of PS.Case No. -71 Year- 2017 Thana -SC/ST District- JAMUI ======================================================

1. Pramod Sao, Son of Kariman Sao, Resident of Village- Kakanchor, P.S.- Laxmipur, District- Jamui.

.... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Prakash Mahto, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-03-2018 Heard learned counsel for the parties.

This is an appeal under Section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for anticipatory bail by the learned Additional Sessions Judge 1st -cum-Special Judge, Jamui, in Jamui SC/ST Police Station Case No.71 of 2017 registered under Sections 341/323/354B/504 of the Indian Penal Code and Sections 3(i) (r)/3(2)(v)(a)/3(1)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Admittedly, the occurrence of abuse and assault took place for land dispute. Hence, the background of allegation would reveal that this matter is of, excessive allegation, for the purpose of this appeal.

Patna High Court CR. APP (SJ) No.831 of 2018 (2) dt.23-03-2018 P2/ Considering the aforesaid facts, 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./- U T