Subhash Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No. 2545 of 2018 Arising Out of PS.Case No. -10 Year- 2018 Thana -SC/ST District- MADHEPURA ===========================================================
1. Subhash Sah, Son of Chutahru Sah,
2. Arbind Sah, Son of Chhutahru Sah,
3. Ram Lakhan Sah, Son of Chutahru Sah,
4. Bijendra Sah, Son of Chutahru Sah,
5. Chutahru Sah, Son of Late Kari Sah,
6. Yogendra Sah, Son of Late Kari Sah, All resident of Village - Rahika Tola Murliganj, Police Station - Murliganj, District - Madhepura. .... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr.
For the Respondent/s : Mr.
=========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 10-09-2018 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 02.06.2018 in A.B.P. No. 412 of 2018 passed by the learned 1st Additional Sessions Judge-cum-Special Judge S.C./S.T. (POA) Act, Madhepura in connection with Madhepura SC/ST P.S. Case No. 10 of 2018 registered under Sections 147, 341, 323, 379, 504 of the Indian Penal Code as well as Sections 3(1)(s) of the SC/ST Act. During measurement of the disputed land, the occurrence of abuse, assault and theft was, allegedly, committed by the appellants. There is counter case also. Appellants claim the disputed land by purchase through registered sale deed dated 27.02.2018 from Kalo Sah.
Patna High Court CR. APP (SJ) No.2545 of 2018 dt.10-09-2018 2/2 Learned Special Public Prosecutor opposed the prayer for bail.
Considering the aforesaid facts, let the appellants, above named, in the event of their 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/- (rupees twenty thousand) each 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 appellants 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 appellants as well as condition that both the bailors shall be resident of within the territorial jurisdiction of the learned court below. Accordingly, the impugned order is set aside and this appeal stands allowed.
(Birendra Kumar, J) Kundan/- AFR/NAFR N.A.
CAV DATE N.A.
Uploading Date 11.09.2018 Transmission Date 11.09.2018