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Patna High CourtCR. APP (SJ)/3616/2018allowed

Sanjeet Kumar Sah @ Sanjeet Kumar v. The State Of Bihar

2018-12-10Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3616 of 2018 Arising Out of PS. Case No.-26 Year-2018 Thana- SC/ST District- Rohtas ====================================================== Sanjeet Kumar Sah @ Snjeet Kumar S/o Nand Lal Sah, R/o Vill.- Sidhouli, P.S.- Dalmiya Nagar, District Rohtas (Sasaram). ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Chhote Lal Mishra, Advocate For the Respondent/s :

Mr. Sadanand Paswan, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 10-12-2018 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 against the refusal of prayer for anticipatory bail vide order dated 16.08.2018 passed by the learned Additional Sessions Judge-I, Rohtas at Sasaram, in Registered Case No.75 of 2018, arising out of SC/ST Dehri Police Station Case No.26 of 2018, registered under Sections 341/323/324/326/379/504/506 of the Indian Penal Code and Section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The dispute was for paying the fare of the tempoo

Patna High Court CR. APP (SJ) No.3616 of 2018 dt.10-12-2018 2/2 of the informant and for that reason appellant committed abuse and assault. Parties have entered into a compromise. The appellant has got no criminal antecedent. Considering the fate of the trial after compromise, 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 bonds of Rs.20,000/- (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 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, the impugned order is set aside and appeal stands allowed.

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date 12.12.2018 Transmission Date 12.12.2018