Shyamdeo Chandravanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1079 of 2018 Arising Out of PS. Case No.-55 Year-2017 Thana- SC/ST District- Jehanabad ====================================================== Shyamdeo Chandravanshi, S/o Shivratan Chandravanshi, R/o Village- Supi, P.S. Tehta O.P., Policce Station-Makhdumpur, District- Jehanabad. ... ... Appellant/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Arjun Prasad Singh For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-05-2018 Heard learned counsel for the parties.

This is an appeal under Section 14A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for anticipatory bail by the learned Additional District and Sessions Judge 1st Jehanabad in Jehanabad SC/ST P.S. Case No. 55 of 2017 registered under Sections 147,148,341,323,325,308,504 of the Indian Pena Code as well as under Section 3 (2)(VA) of the SC/ST (Prevention of Atrocities ) Act, 1989.

According to the FIR, for old land dispute the appellant came at the field of the informant and started harvesting the crop, for that informant opposed the appellant. The appellant abused and assault the informant and occurrence took place.

Submission of the learned counsel for the appellant is

Patna High Court CR. APP (SJ) No.1079 of 2018(2) dt.03-05-2018 2/2 that father of the appellant had purchased the same land through registered sale deed on 25.10.1996 from Raj Kishore Prasad and just to put wrongful claim on the said land present false case has been malafidely lodged.

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 appellants.

Accordingly, the impugned order is set aside and appeal stands allowed.

(Birendra Kumar, J) khushbu/- U T