Md. Ziyauddin And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1689 of 2018 Arising Out of PS. Case No.-119 Year-2017 Thana- AMAS District- Gaya ======================================================

1. Md. Ziyauddin, Son of Late Halimuddin,

2. Md. Imran Rizwi, Son of Late Md. Inamul Haque, Both are resident of Village Hemjapur, P.S. Amas, District- Gaya. ... ... Appellant/s

Versus

The State of Bihar.

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

For the Appellant/s :

Mr. Md. Javed Jafar Khan For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 17-07-2018 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 13.04.2018 passed by the learned Exclusive Special Judge, SC/ST, Gaya in A.B.P. No.76 of 2018, arising out of Amas Police Station Case No.119 of 2017 registered under Sections 323, 341, 385, 387, 354, 504, 506/34 of the Indian Penal Code and Section 3(i)(R)(S) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Land dispute (Annexure-2) is the reason behind allegation of demand of ransom and threat.

Patna High Court CR. APP (SJ) No.1689 of 2018 dt.17-07-2018 2/2 Considering the background of allegation and statement of the appellants on oath that they have got no criminal antecedents, save and except Amas Police Station Case No.124 of 2017, lodged by the informant's family, let the appellants, above named, in the event of their 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/- (Rupees Twenty Thousand) each 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 appellants shall fully co-operate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the appellants.

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

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