Ranjay Kumar @ Anand Kumar @ Kumar Anand v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2827 of 2018 Arising Out of PS.Case No. -481 Year- 2018 Thana -SHEKHPURA District- SEKHPURA ===========================================================
1. Ranjay Kumar @ Anand Kumar @ Kumar Anand, Son of Late Ramottar Sharma, residents of Village- Chitaura, Police Station- Sheikhpura, DistrictSheikhpura. .... .... Appellant/s
Versus
1. The State of Bihar. .... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Bipin Kumar, Adv For the Respondent/s : Smt.Usha Kumari No.1, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 30-08-2018 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 order dated 18.07.2018 in A.B.P. No.433 of 2018 passed by the learned 1st Additional District and Sessions Judge, Sheikhpura in connection with Sheikhpura (Hathiyawan) P.S.Case No. 481 of 2018 (SC/ST Case No.98 of 2018) registered under Sections 147,148,149,341,323,397,504,506,353,186 of the Indian Penal Code as well as under Sections 3(2)(va)3(1)(v)(S) of the Scheduled Castes and Scheduled Tribes Act. The informant, who is Sub Divisional Officer, had gone to remove the blockade of traffic by a mob, for the reason of death of two persons in road accident. Allegation is that mob abused the informant by taking his caste name. The appellant and others were identified in the mob.
Patna High Court CR. APP (SJ) No.2827 of 2018 dt.30-08-2018 2/2 Considering the general and omnibus nature of allegation and statement of the appellant on oath that he has got no criminal antecedent, 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 and both bailors shall be resident of territorial jurisdiction of the learned court below and further 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.
(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date31.08.2018 Transmission Date 31.08.2018