Amar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1973 of 2018 Arising Out of PS. Case No.-25 Year-2018 Thana- BHAGWANPUR District- Vaishali ====================================================== Amar Sah ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Satya Prakash Sinha For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 18-07-2018 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, 1989 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail vide order dated 05.03.2018 passed by the learned Additional Sessions Judge-I-cum-Special Judge, Vaishali at Hajipur in A.B.P. No.396 of 2018, arising out of Bhagwanpur Police Station Case No.25 of 2018 registered under Sections 420, 406, 120 (B)/34 of the Indian Penal Code and Section 3 (i) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act as well as Section 138 of the Negotiable Instrument Act.

The appellant is brother of co-accused, Chandan Kumar. The main allegation is against Chandan Kumar of cheating with the informant by taking Rs.2,10,000/- (Rupees Two Lacs and Ten

Patna High Court CR. APP (SJ) No.1973 of 2018 dt.18-07-2018 2/2 Thousand) for managing job for the informant in the Civil Court. The refund cheque was issued by co-accused, Chandan Kumar and this appellant.

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 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 conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the appellant shall fully co-operate 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 this appeal stands allowed.

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