Sanjay Kumar Satyarthi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2169 of 2024 Arising Out of PS. Case No.-184 Year-2020 Thana- MOTIHARI TOWN District- East Champaran ====================================================== 1.

Sanjay Kumar Satyarthi Son of Ramnath Prasad @ Mangal Sahni Resident of Village - Dhwahi, P.S.- Harsidhi, at present resident of Raghunath pur, P.S.- Raghunathpur, District - East Champaran, Motihari. 2.

Subhash Kumar @ Subhash Sahni Son of Devendra Sahni Resident of village - Dhwahi, P.S.- Harsidhi, at present resident of Raghunath pur, P.S.- Raghunathpur, Dist. - East Champaran, Motihari. ... ... Appellant/s

Versus

1.

The State of Bihar Bihar 2.

Bhopal Paswan Son of Late Shital Prasad Resident of Raghunath pur, P.S.- Raghunathpur, District - East Champaran, Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Vijay Shankar Shrivastava For the Respondent/s :

Mr. Sadanand Paswan Mr. Raki Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-07-2024 Heard learned counsel for the parties.

2.

This is an appeal under Section 14(A)(2) 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 of anticipatory bail vide order dated 05.02.2024 passed by learned Special Judge, SC/ST, East Champara, Motihari in connection with Town P.S. Case No. 184 of 2020, registered under Sections 193, 196, 420, 466, 467, 468 of the Indian Penal Code and Section 3(2) (i) (p) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Patna High Court CR. APP (SJ) No.2169 of 2024(3) dt.26-07-2024 2/2 3.

Earlier the anticipatory bail application of the appellants was rejected by the Court on 16.08.2023 passed in Cr. APP (SJ) No.1720 of 2023 by way of a reasoned and speaking order. Now, he has filed the second bail application because the parties have compromised the matter and this statement is also supported by the learned counsel for the respondent no.2. Appellants have one criminal antecedent as mentioned in para-3 of memo of appeal.

4.

In the facts and circumstances of the case, the above named appellants, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, SC/ST, East Champara, Motihari in connection with Town P.S. Case No. 184 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

5.

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

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