Birju Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.653 of 2018 Arising Out of PS.Case No. -12 Year- 2017 Thana -SC/ST District- VAISHALI(HAJIPUR) ===========================================================

1. Birju Rai, S/o Late Lorik Rai, Resident of Village- Chandrawara, P.S.- Kantaha, District- Vaishali.

2. Nathuni Rai, S/o Late Pavitra Rai, Resident of Etbarpur Sisawla, P.S.- Lalganj, District- Vaishali. .... .... Appellant/s

Versus

1. The State of Bihar. .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Anil Jayaswal, Adv For the Respondent/s : Smt. Usha Kumari No.1, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 04-10-2018 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 against the refusal of prayer for anticipatory bail vide order dated 16.11.2017 passed by the learned Additional Sessions Judge-I, Vaishali at Hajipur, in A.B.P. No.1936 of 2017, arising out of SC/ST Police Station Case No.12 of 2017, registered under Sections 341/323/427/504/379/34 of the Indian Penal Code and Sections 3(i) (x)/3(1)(r)/3(1)(g) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The appellant No.1 and others have purchased the FIR referred Plot No.1884 through registered sale deed dated 29.03.2015 from appellant No.2-Nathuni Rai and others. The informant claims to be the Bataidar of one Sachida Babu in respect of the aforesaid land. The allegation of

Patna High Court CR. APP (SJ) No.653 of 2018 dt.04-10-2018 2/2 abuse and assault is in the background of the aforesaid dispute. Considering the bona fide claim of the appellants on the land, 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/- (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 the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the appellants 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 appellants.

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

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date05.10.2018 Transmission Date 05.10.2018