Sri Murari Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1196 of 2018 Arising Out of PS.Case No. -244 Year- 2017 Thana -BAHADURPUR District- PATNA =========================================================== Sri Murari Prasad, son of Late Ayodhya Prasad, P.S. Bahadurpur, District- Patna, Permanent Address- Mussalahpur Hatt, Shahganj, Professor Colony, P.S.- Sultanganj, District Patna.

.... .... Appellant/s

Versus

The State of Bihar.

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

For the Appellant/s : Mr. Ajit Kumar, Advocate For the Respondent/s : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 29-06-2018 Heard learned counsel for the parties.

This is an appeal under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, (hereinafter referred to as the "S.C./S.T. Act") against the refusal of prayer for anticipatory bail vide order dated 12.01.2018 passed in A.B.P. No.223 of 2018, by the learned Special Judge S.C./S.T. Act, Patna, in connection with Bahadurpur P.S. Case No.244 of 2017, registered under Sections 341, 323, 307, 379, 504/34 of the Indian Penal Code as well as under Section 27 of the Arms Act and Section 3(1) (r) of the S.C./S.T. Act.

It appears that similarly situated co-accused, Sumit Kumar has already been allowed anticipatory bail by this Court in Criminal

Patna High Court CR. APP (SJ) No.1196 of 2018 dt.29-06-2018 P2/ Appeal (SJ) No.1337 of 2018.

Hence, 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 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 and 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 CAV DATE Uploading Date Transmission Date