Samsad Sai @ Samshad Sai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3423 of 2018 Arising Out of PS.Case No. -353 Year- 2016 Thana -DHAKA District- EASTCHAMPARAN (MOTIHARI) ===========================================================

1. Samsad Sai @ Samshad Sai, S/o Aziz Sai @ Ajit Sai,

2. Nasir Ansari @ Nashir Ansari @ Nasir Alam S/o Amir Ansari,

3. Laddu Khan S/o Md. Kashim Ansari @ Kasim Khan, All are Residents of Vill.- Ansari Phulwaria, P.O. + P.S.- Dhaka, District- East Champaran. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Pravin Kumar, Adv For the Respondent/s : Smt. Usha Kumari No.1, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 01-10-2018 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 bail by order dated 07.08.2018 in Dhaka P.S.Case No.353 of 2016 passed by the learned 1st Additional Sessions Judge-cumSpecial Judge (S.C./S.T. Act), East Champaran, Motihari, registered under Sections 147, 148, 149, 341, 323, 504, 354(A), 427, 379, 307, 436 of the Indian Penal Code and Section 3(i)(r)3(i)(w)3(i)(x)3(i)(x)3(i)(Z)) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Considering the nature of allegation of the

Patna High Court CR. APP (SJ) No.3423 of 2018 dt.01-10-2018 2/2 offences of the Indian Penal Code as well as period already undergone by the appellants, who are in custody since 30.07.2018 and 19.07.2018 respectively, let the appellants, above named, be released on bail on furnishing bail bond of Rs.20,000/- (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, with condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the appellants 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 appellants.

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

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date03.10.2018 Transmission Date 03.10.2018