Santosh Sharma And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2627 of 2018 Arising Out of PS.Case No. -130 Year- 2017 Thana -GOH District- AURANGABAD ===========================================================

1. Santosh Sharma,

2. Ranjeet Sharma, Both S/o- Balmukund Sharma, resident of Village- Dadar, P.S.- Goh, District- Aurangabad.

.... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Ravindra Kumar, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 11-09-2018 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 against the refusal of prayer for anticipatory bail vide order dated 25.06.2018 passed by the learned 1st Additional Sessions Judge-cumSpecial Judge (S.C./S.T. Act), Aurangabad, in connection with Goh Police Station Case No.130 of 2017, registered under Sections 147/148/149/341/323/324/325/326/307/379/452/427/354/504/506 of the Indian Penal Code and Sections 3(i)(r)/3(i)(s)/3(i)(w)(i)/3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Seven persons including the appellants entered into the house of the informant. Specific allegation is against co-accused

Patna High Court CR. APP (SJ) No.2627 of 2018 dt.11-09-2018 P2/ Ritesh Kumar Sharma @ Naga and Om Kumar of commission of injury with dagger and rod. No specific attribution is there against the appellants. Appellants have stated on oath that they have got no criminal antecedent and have falsely been implicated in this case. Considering the fact that no specific attribution is alleged against the appellants, 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 the appeal is allowed.

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date14.09.2018 Transmission Date 14.09.2018