Chandan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1202 of 2018 Arising Out of PS.Case No. -304 Year- 2017 Thana -BANMANKHI District- PURNIA ===========================================================

1. Chandan Mandal, son of Late Sukhdeo Mandal, Resident of VillageDhokardhara, Police Station- Banmankhi, District- Purnea. .... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Shailesh Kumar Singh For the Respondent/s : Mr. Sadanand Paswan, SPP 246 =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 11-05-2018 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, against refusal of the prayer for anticipatory bail by the learned 1st Additional District & Sessions Judge- cum- Special Judge, SC/ST, Purnea in connection with Purnea SC/ST P.S. Case No. 352/2017, arising out of Banmankhi P.S. Case No. 304 of 2017 registered under Sections 341, 323 and 427/34 of the Indian Penal Code as well as Sections 3(v)(x) of the SC/ST Act.

F.I.R. would reveal that due to land dispute, the appellants, allegedly, committed abuse and assault. I find substance in the submission of the learned counsel

Patna High Court CR. APP (SJ) No.1202 of 2018 dt.11-05-2018 2/2 for the appellant that the offences under the provisions of the SC/ST Act are not attracted, 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 and 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 the appeal stands allowed.

(Birendra Kumar, J.) Rakhi AFR/NAFR CAV DATE N.A.

Uploading Date14.05.2018 Transmission Date 14.05.2018