Ram Kishun Yadav @ Ram Kishun Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.116 of 2018 Arising Out of PS.Case No. -25 Year- 2017 Thana -SC/ST District- GAYA ======================================================

1. Ram Kishun Yadav @ Ram Kishun Prasad S/o Late Ram Swaroop Yadav @ Swaroop Yadav, R/o Village- Naya Nagar, P.S.- Atri, DistrictGaya. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Manish Kumar No-2, Advocate For the Respondent/s : Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-02-2018 Heard learned counsel for the parties.

This is an appeal under Section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for anticipatory bail by the learned Special Judge (S.C./S.T. Act), Gaya, in Gaya SC/ST Police Station Case No.25 of 2017 registered under Sections 379/354/504/506 and other minor sections of the Indian Penal Code and Sections 3(i) (r)(s)(wi)/2(v-A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The occurrence allegedly took place for non-payment of the cost of sharpening the agricultural instruments by the informant.

Submission is that the ingredient of any of the offence

Patna High Court CR. APP (SJ) No.116 of 2018 (3) dt.09-02-2018 P2/ under the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is not disclosed against the appellant.

Considering the aforesaid facts, 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 appeal stands allowed.

(Birendra Kumar, J) Mkr./- U T