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Patna High CourtCR. APP (SJ)/3348/2018allowed

Vikash Kumar @ Vikash Kumar Singh v. The State Of Bihar

2018-10-11Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3348 of 2018 Arising Out of PS.Case No. -7 Year- 2018 Thana -SC/ST District- JEHANABAD ===========================================================

1. Vikash Kumar, @ Vikash Kumar Singh Son of Akhila Singh, Resident of Village- Chotki Ahiyapur, Police Station- Arwal, District- Arwal. .... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Praveen Kumar, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 11-10-2018 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 07.08.2018 passed by the learned Additional Sessions Judge-1st, Jehanabad, in A.B.P. No. 1098 of 2018, arising out of Arwal SC/ST Police Station Case No. 07 of 2018, registered under Sections 341/323/354/504/506 of the Indian Penal Code and Sections 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Appellant is full brother of co-accused Rajnish Kumar @ Shashi Kant Kumar, who has already been allowed anticipatory bail

Patna High Court CR. APP (SJ) No.3348 of 2018 dt.11-10-2018 P2/ by this Court vide Annexure-2.

Considering the similarity of allegation, let the appellant, above named, who has got no criminal antecedent, 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 Date12.10.2018 Transmission Date 12.10.2018