Ram Bharosh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2032 of 2018 Arising Out of PS. Case No.-123 Year-2015 Thana- MARAUNA District- Supaul ====================================================== Ram Bharosh Singh, son of Late Nawablal Singh, resident of VillageKarasahi, P.S.- Marauna, District- Supaul. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Amrit Abhijat For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 18-07-2018 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail vide order dated 25.04.2018 passed by the learned Additional Sessions Judge-I, Supaul in A.B.P. No.462 of 2018, arising out of Marauna Police Station Case No.123 of 2015 registered under Sections 341, 323, 354A, 379 of the Indian Penal Code and Section 3 (i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

There is case and counter case between the parties.

Patna High Court CR. APP (SJ) No.2032 of 2018 dt.18-07-2018 2/2 Submission is that cognizance has been taken only for bailable offences of the Penal Code against the appellant and others.

Considering the nature of allegation and the facts aforesaid, 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 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 this appeal stands allowed.

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