Manoj @ Nepali Mandal And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3370 of 2018 Arising Out of PS. Case No.-50 Year-2014 Thana- SC/ST District- Banka ======================================================

1. Manoj @ Nepali Mandal,

2. Mukesh Mandal, Both S/o Late Arjun Mandal, R/o Village- Ram Nagar, P.S.- Amarpur, District - Banka.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Dhirendra Kumar, Advocate For the Respondent/s :

Mr. Sadanand Paswan, SPP246 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 07-09-2018 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail vide order dated 28.07.2018 passed by the learned Additional Sessions Judge-I, Banka in A.B.P. No.930 of 2018, arising out of S.C./S.T. Police Station Case No.50 of 2014 registered under Sections 341, 323, 504/34 of the Indian Penal Code and Sections 3 (1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

The offences of the Indian Penal Code alleged against the appellants are bailable. The appellants have stated on oath

Patna High Court CR. APP (SJ) No.3370 of 2018 dt.07-09-2018 2/2 that they have got no criminal antecedent. The occurrence took place for some dispute at the time of purchase of articles from the shop of the informant.

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/- (Rupees 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 conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the appellants shall fully co-operate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the appellants.

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

(Birendra Kumar, J) abhishek/- AFR/NAFR CAV DATE Uploading Date Transmission Date