Shiv Lakhan Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.895 of 2018 Arising Out of PS.Case No. -2 Year- 2018 Thana -KURTHA District- JEHANABAD ====================================================== Shiv Lakhan Sao son of late Ramchan Sao R/o. village-Dhamoul, P.S. Kurtha, District- Arwal .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Arvind Kumar Jha, Advocate For the Respondent/s : Smt Usha Kumari No-1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-04-2018 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 Additional Sessions Judge-I, Jehanabad, in connection with Kurtha Police Station Case No.2 of 2018 registered under Sections 147/148/149/341/323/307/504 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3(i) (r)(s)(w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

For land dispute, on the order of this appellant, coaccused Shankar Sao fired causing injury to a passenger. Considering the land dispute between the parties as well as the fact that the only allegation is that the appellant is order

Patna High Court CR. APP (SJ) No.895 of 2018 (3) dt.10-04-2018 P2/ giver, 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 impugned order is set aside and appeal stands allowed.

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