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Patna High CourtCR. APP (SJ)/3343/2017allowed

Sadab Khan @ Saddam Khan @ Sadaf Khan v. The State Of Bihar

2017-12-21Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3343 of 2017 Arising Out of PS.Case No. -6 Year- 2015 Thana -NIMCHAKBATHANI District- GAYA ======================================================

1. Sadab Khan @ Saddam Khan @ Sadaf Khan, S/o Barho Khan @ Md. Akhatar Khan @ Badho Khan, Resident of Village- Horidih, P.S.- Neemchak Bathani, District- Gaya.

.... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Kiran Sinha, Advocate For the Respondent/s : Smt Usha Kumari No-1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-12-2017 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 bail by the learned Special Judge (S.C./S.T. Act), Gaya, in connection with Bathani Police Station Case No.6 of 2015 registered under Sections 325/307/353 and other minor sections of the Indian Penal Code and Section 3(i) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

It appears that similarly situated some other co-accused have already been allowed anticipatory bail by a coordinate Bench of this Court in Cr. Misc. No. 29381 of 2015 vide Annexure-1. Considering the aforesaid fact, let the appellant,

Patna High Court CR. APP (SJ) No.3343 of 2017 (3) dt.21-12-2017 P2/ above named, be released on bail on furnishing bail bond 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 Bathani Police Station Case No.6 of 2015, with 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 appeal stands allowed.

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