Patna High CourtCR. APP (SJ)/2184/2018allowed

Sunder Kumar v. The State Of Bihar

2018-08-07Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2184 of 2018 Arising Out of PS.Case No. -176 Year- 2017 Thana -BUNIADGANJ District- GAYA ===========================================================

1. Sunder Kumar S/o Sri Ajay Singh, R/o Vill.- Rupaspur, Tola Bhgalpur, P.S.- Buniyadganj, District- Gaya.

.... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Deepak Kumar, Advocate For the Respondent/s : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 07-08-2018 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 vide order dated 23.05.2018 passed by the learned Special Judge (S.C./S.T. Act), Gaya, in A.B.P. No.96 of 2018, arising out of Buniyadganj Police Station Case No.176 of 2017, registered under Sections 341/323/379/307/34 of the Indian Penal Code and Section 3(a)(w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The appellant allegedly committed assault to the person who had reached at the place of occurrence to save the informant. The appellant has got no criminal antecedent.

Patna High Court CR. APP (SJ) No.2184 of 2018 dt.07-08-2018 P2/ Considering the nature 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 NAFR CAV DATE NA Uploading Date09.08.2018 Transmission Date 09.08.2018