Manoj Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1777 of 2018 Arising Out of PS. Case No.-258 Year-2017 Thana- BAHERA District- Darbhanga ====================================================== Manoj Mandal S/o Suraj Mandal, R/o Vill.- Jariso, P.S.- Bahera, DistrictDarbhanga. ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Alok Kumar Jha For the Respondent/s :
Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 17-07-2018 Heard learned counsel for the parties.
This is an appeal under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for anticipatory bail vide order dated 06.01.2018 passed by the learned Special Judge, SC/ST Act, Darbhanga in A.B.P. No.1722 of 2017, arising out of Bahera Police Station Case No.258 of 2017 registered under Sections 341, 323, 354, 427, 504/34 of the Indian Penal Code and Section 3(1)(g)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
There is case and counter case and in both the F.I.Rs' there is identical allegation.
Submission is that both sides are neighbours and for trivial dispute false case has been lodged.
Patna High Court CR. APP (SJ) No.1777 of 2018 dt.17-07-2018 2/2 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 bond of Rs.20,000/- (Rupees 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 conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the appellant shall fully co-operate 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 this appeal stands allowed.
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