Avinash Kumar @ Avinash Sharma @ Abhinash Sharma And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3208 of 2018 Arising Out of PS.Case No. -15 Year- 2017 Thana -NAUBATPUR District- PATNA ===========================================================

1. Avinash Kumar @ Avinash Sharma @ Abhinash Sharma Son of Vijay Kumar Singh @ Bhola Singh @ Bhola Sharma, resident of Village- Aropur, P.O. Amarpura, P.S. Naubatpur, District Patna.

2. Prakash Kumar Son of Late Bhola Prasad, resident of Village- Rafiganj, P.S. Rafiganj, District- Aurangabad.

3. Chandra Kishore @ Pintu Son of Tulsi Prasad, resident of Village+ P.O.- Amarpura, P.S. Naubatpur, District- Patna. ... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Ranjeet Kumar, Adv For the Respondent/s : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 06-10-2018 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 21.07.2018 in A.B.P. No.5229 of 2018 passed by the learned Additional District and Sessions Judge-V-cumSpecial Judge SC/ST, Patna in connection with Naubatpur P.S.Case No.

of registered under Sections 341,323,379,504,506/34 of the Indian Penal Code and Sections 3(i)(x) of the Scheduled Castes and Scheduled Tribes Act.

The informant had gone to enquire about the scheme of housing loan, the appellants allegedly abused and assaulted

Patna High Court CR. APP (SJ) No.3208 of 2018 dt.06-10-2018 2/2 him.

Submission is that the Executive Officer had made complaint to the higher authorities that in fact informant was assailant. Appellants have got no criminal antecedent. Considering the background and nature of allegation, 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 anticipatory bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) each 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 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. Accordingly, the impugned order is set aside and this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date09.10.2018 Transmission Date 09.10.2018