Bipin Kumar @ Bipin Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1633 of 2018 Arising Out of PS.Case No. -417 Year- 2018 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ===========================================================
1. Bipin Kumar @ Bipin Yadav, S/o Navrang Yadav @ Nawrang Singh, Resident of Village Adampur, P.S.- Sasaram (T) (Mufassil), Dist.- Rohtas. .... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Dineshwar Pandey, Adv For the Respondent/s : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 27-09-2018 Heard learned counsel for the parties.
This is an appeal under Sections 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, against refusal of the prayer for anticipatory bail by order dated 04.04.2018 in Registered Case No.74 of 2018 (arising out of Sasaram (T) (Mufassil) P.S.Case No. 417 of 2018) passed by the learned Additional Sessions Judge-I, Rohtas at Sasaram registered under Sections 147, 148, 149, 341, 323, 354, 307 of the Indian Penal Code as well as under Sections 3(i)(x) of the Scheduled Castes and Scheduled Tribes Act. No overt-act is alleged against the appellant rather specific allegation is against other named accused persons.
Patna High Court CR. APP (SJ) No.1633 of 2018 dt.27-09-2018 2/2 Appellant has got no criminal antecedent.
Considering the entire facts of this case, 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 anticipatory bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) with two sureties of the like amount each to the satisfaction of 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 and further 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 this appeal stands allowed.
(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date28.09.2018 Transmission Date 28.09.2018