Guddu Kumar @ Guddu Rai And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3597 of 2018 Arising Out of PS. Case No.-147 Year-2018 Thana- SONBERSA District- Sitamarhi ======================================================
1. Guddu Kumar @ Guddu Rai,
2. Bihari Rai, All sons of Kamal Kishore Yadav @ Kamal Kishore Rai, r/o. Village- Dalkawa, P.S. Sonbarsa, District- Sitamarhi.
... ... Appellant/s
Versus
The State Of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Manoj Kumar Pandey, Advocate For the Respondent/s :
Mr. Sadanand Paswan, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 10-12-2018 Heard learned counsel for the parties.
Appellant Guddu Kumar @ Guddu Rai has already been arrested in this case. Hence, his prayer for anticipatory bail is infructuous now. Accordingly, the appeal against the refusal of anticipatory bail of Guddu Kumar @ Guddu Rai stands dismissed.
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 vide order dated 28.08. 2018 passed by the learned Additional Sessions Judge-I-cum-Special Judge (S.C./S.T. Act), Sitmarhi, in A.B.P. No.1707 of 2018/393 of 2018, arising
Patna High Court CR. APP (SJ) No.3597 of 2018 dt.10-12-2018 2/3 out of Sonbarsa Police Station Case No.147 of 2018, registered under Sections 341/323/324/307/504/34 of the Indian Penal Code and Section 3(i)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
There is general and omnibus allegation of commission of assault against the appellant Bihari Rai. However, specific allegation of commission of injury at the head of the informant with iron rod is against co-accused Sonu Rai. Submission is that occurrence took place for trivial dispute between the two neighbours. Appellant has got no criminal antecedent.
Considering the aforesaid facts, let the appellant Bihari Rai, 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 Courtbelow 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
Patna High Court CR. APP (SJ) No.3597 of 2018 dt.10-12-2018 3/3 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./- AFR/NAFR NAFR CAV DATE NA Uploading Date 11.12.2018 Transmission Date 11.12.2018