Pappu Bhagat @ Pramod Kumar Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1145 of 2018 Arising Out of PS.Case No. -65 Year- 2017 Thana -SC/ST District- ARRARIA ===========================================================

1. Pappu Bhagat @ Pramod Kumar Bhagat S/o Bharat Lal Bhagat, R/o Vill.- Jay Nagar, P.S.- Bhargama, District- Araria.

.... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Kamala Kant Tiwary, Advocate For the Respondent/s : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 10-05-2018 Heard learned counsel for the parties.

This is an appeal under Section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for anticipatory bail by the learned 1st Additional Sessions Judge-cum-Special Judge, Araria, in Special Case No.293 of 2017, arising out of Araria SC/ST Police Station Case No.65 of 2017 registered under Sections 147/323/354B/ 354/ 406/ 420 /380/384 of the Indian Penal Code and Sections 3(i)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The entire allegation was leveled in the background of an agreement to sale between the parties entered in the year 2013.

Patna High Court CR. APP (SJ) No.1145 of 2018 dt.10-05-2018 P2/ Submission of the learned counsel for the appellant is that false allegation has been leveled in the year 2017 just to pressurize. Considering the background of allegation, 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 bonds of Rs.20,000/- (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/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 appeal stands allowed.

(Birendra Kumar, J) Mkr./- AFR/NAFR CAV DATE NA Uploading Date Transmission Date