Ram Pravesh Kamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.786 of 2018 Arising Out of PS.Case No. -83 Year- 2017 Thana -MARAUNA District- SUPAUL ===========================================================

1. Ram Pravesh Kamat Son of late Jhari Lal Kamat Resident of Village- Gajhara, P.S. Marauna, District- Supaul.

.... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Amrit Abhijat, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 26-04-2018 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 anticipatory bail by the learned Additional Sessions Judge-I, Supaul, in connection with Marauna Police Station Case No.83 of 2017 registered under Sections 341/323/379/504/506/34 of the Indian Penal Code, Section 27 of the Arms Act and Section 3(i) (r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Informant is not a member of scheduled castes and scheduled tribes and he had some dispute with the appellant. Allegation is that the appellant and others abused to the

Patna High Court CR. APP (SJ) No.786 of 2018 dt.26-04-2018 P2/ helper of the informant by taking his caste name. Submission is that for land dispute between the parties, false allegation has been leveled just to harass and pressurize the appellant.

Considering the aforesaid facts, 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 NAFR CAV DATE NA Uploading Date28.04.2018 Transmission Date 28.04.2018