Sanju Kumar @ Sato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1242 of 2018 Arising Out of PS.Case No. -190 Year- 2017 Thana -NARDIGANJ District- NAWADA =========================================================== Sanju Kumar @ Sato, Son of Sri Kapildev Singh @ Kapil Singh, Resident of village - Miya Bigha, P.O. - Kahuara, Police Station - Nardiganj, District - Nawada. .... .... Appellant/s

Versus

The State of Bihar.

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

For the Appellant/s : Mr. Manish Kumar No.2, Advocate For the Respondent/s : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 03-07-2018 Heard learned counsel for the parties.

This is an appeal under Section 14 (A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, (hereinafter referred to as the "S.C./S.T. Act") against the refusal of prayer for anticipatory bail vide order dated 24.03.2018 passed in A.B.P. No.412 of 2018, by the learned Addl. Sessions Judge-1st-cumSpecial Judge, Nawada, in connection with Nardiganj P.S. Case No.190 of 2017, registered under Sections 341, 504, 353 and 506 of the Indian Penal Code and Section 3(i) (q) of the S.C./S.T. Act. The informant is District Land Acquisition Officer. According to F.I.R., he was distributing the compensation amount. At the same time, the appellant came and committed abuse and attempted

Patna High Court CR. APP (SJ) No.1242 of 2018 dt.03-07-2018 2/2 to assault.

Submission is that land of the appellant was also acquired and his compensation was not being awarded and just to pressurize false case has been lodged. The appellant has got no criminal antecedent.

Considering the background and nature of allegation, 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 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 this appeal stands allowed.

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