Gyaneshwar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1848 of 2020 Arising Out of PS. Case No.-100 Year-2020 Thana- CHACKMEHSI District- Samastipur ====================================================== 1.

GYANESHWAR THAKUR Son of Late Ganga Thakur Resident of Village - Malinagar, P.S.- Chakmehsi, District - Samastipur. 2.

Priyanshu Kumar Son of Sri Gyaneshwar Thakur Resident of Village - Malinagar, P.S.- Chakmehsi, District - Samastipur. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Ranjeet Choubey For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-12-2022 Heard learned counsel for the appellants and learned Special Public Prosecutor for the State.

This is an appeal under section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer for anticipatory bail vide order dated 24.06.2020, passed by learned Additional District and Sessions Judge-1st-cum-Special judge, SC/ST Court, Samastipur in connection with Chakmehsi P.S. Case no.100 of 2020, registered under sections 341, 385, 504 and 506 of the IPC and sections 3(1)(r)& 3(1)(s) of the SC and ST Act.

Learned counsel for the appellants filed a supplementary

Patna High Court CR. APP (SJ) No.1848 of 2020(7) dt.21-12-2022 2/2 affidavit and stated that all dues amount has been paid to the respondent no.2 and a compromise petition has been filed in the learned court below, also apparent from annexure-P-4 of the supplementary affidavit.

Learned Spl. PP for the State opposed the prayer for anticipatory bail.

Considering the facts and circumstances of the case, as there is a compromise between the parties, let the appellants named above, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, is directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-1st-cum-Special judge, SC/ST Court, Samastipur in connection with Chakmehsi P.S. Case no.100 of 2020 subject to the condition as laid down under section 438 (2) of the Cr.P.C.

Accordingly, the impugned order is set aside and this appeal is allowed.

(Anjani Kumar Sharan, J) shikha/- U T