Vijay Shankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3825 of 2018 Arising Out of PS. Case No.-12 Year-2018 Thana- SC/ST District- Sheohar ====================================================== Vijay Shankar Singh son of Hargen Singh, Resident of Village-Vrindawan Mushari Tola, Tariyani, P.S.-Tariyani, District- Sheohar. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Alok Kumar Alok For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 13-12-2018 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail vide order dated 05.09.2018 passed by the learned 1st Additional Sessions Judgecum-Special Judge, Sheohar in A.B.P. No.335 of 2018, arising out of Sheohar SC/ST Police Station Case No.12 of 2018 registered under Sections 323, 341, 504, 379/34 of the Indian Penal Code and Sections 3 (I)(r), 3(i)(s), 3(2)(Va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

The occurrence is alleged in the background of nonpayment of the loan amount by the appellant. The offences of the

Patna High Court CR. APP (SJ) No.3825 of 2018 dt.13-12-2018 2/2 Indian Penal Code alleged against the appellant are mostly bailable. Appellant has stated on oath that he has got no criminal antecedent.

Considering the entire facts aforesaid, 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 bond of Rs.20,000/- (Rupees 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 conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the appellant shall fully co-operate 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 this appeal stands allowed.

(Birendra Kumar, J) abhishek/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 15.12.2018 Transmission Date 15.12.2018