Roushan Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.66 of 2018 Arising Out of PS.Case No. -228 Year- 2016 Thana -PARSABAZAR District- PATNA ======================================================

1. Roushan Kumar,

2. Gaurav Kumar @ Saurabh Kumar Both S/o Sri Upkar Pritam Kumar Santoshi, Both R/o Ramesh Colony, Kurthaul, P.S.- Parsa Bazar, District- Patna.

.... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Ramakant Sharma, Sr. Advocate Mr. Vijay Anand, Advocate For the Respondent/s : Smt Usha Kumari No-1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-03-2018 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 by the learned Special Judge (S.C./S.T. Act), Patna, in Parsa Bazar Police Station Case No.228 of 2016 registered under Sections 3(i) b/3(1)(r)/3(1)(s)/3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

It appears that a coordinate Bench of this Court has granted anticipatory bail to co-accused Manju Rani, considering the fact that no part of the occurrence took place in public view;

Patna High Court CR. APP (SJ) No.66 of 2018 (5) dt.13-03-2018 P2/ rather occurrence took place inside the house and the occurrence took place for land dispute vide Annexure-8.

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/- (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.

Accordingly, the impugned order is set aside and the appeal is allowed.

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