Parshuram Bhagat @ Parshuram Bhakt v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3589 of 2017 Arising Out of PS.Case No. -2 Year- 2017 Thana -SARAI District- VAISHALI(HAJIPUR) ====================================================== Parshuram Bhagat @ Parshuram Bhakt, son of Kishori Bhagat, Resident of Village- Karimabad, Police Station- Sadar, District- Vaishali. .... .... Appellant

Versus

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

For the Appellant/s : Mr. Vijay Kumar, Adv. For the Respondent/s : Mr. Smt Usha Kumari No-1, SPP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 02-02-2018 Heard learned counsel for the parties.

This is an appeal under Sections 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 Additional Sessions Judge-1-cumSpecial Judge, Vaishali at Hajipur in connection with Sarai P.S.Case No. 02 of 2017 registered under Sections 147, 148, 149, 341, 324, 307, 452, 380, 436 & 504 of the Indian Penal Code as well as under Sections 3 (I)(r/s) of the Scheduled Castes and Scheduled Tribes Act.

For land dispute, the occurrence of assault and abuse took place in two parts. In the first part, the appellant was not there and in the subsequent occurrence, there is no allegation of abuse by taking caste name against the

Patna High Court CR. APP (SJ) No.3589 of 2017 (3) dt.02-02-2018 appellant or any allegation of commission of any other offence.

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 anticipatory bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) with two sureties of the like amount each to the satisfaction of 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, this appeal stands allowed and the impugned order is set aside.

(Birendra Kumar, J) Nitesh/- U T