Ganesh Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2866 of 2018 Arising Out of PS. Case No.-273 Year-2015 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== Ganesh Mishra, Son of Late Bishwambhar Mishra, Resident of village - Sohrai, P.S. - Sakari, District - Madhubani.

... ... Appellant/s

Versus

The State of Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Gagan Deo Yadav For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 31-08-2018 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 24.05.2018 passed by the learned 1st Additional Sessions Judge, Madhubani in A.B.P. No.337 of 2018, arising out of Town Police Station Case No.273 of 2015 registered under Sections 147, 149, 341, 323, 332, 333, 224, 225, 307, 353, 427, 440, 504 and 506 of the Indian Penal Code and Sections 3 (i) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. It appears that similar situated co-accused, Bhawesh Mishra has already been allowed anticipatory bail by a co-

Patna High Court CR. APP (SJ) No.2866 of 2018 dt.31-08-2018 2/2 ordinate bench of this Court vide order dated 21.12.2015 passed in Criminal Miscellaneous No.54974 of 2015.

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 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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