Triloki Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3232 of 2018 Arising Out of PS.Case No. -31 Year- 2018 Thana -DERNI BAZAR District- SARAN ===========================================================

1. Triloki Rai, S/o Ram Ayodhya Rai,

2. Rahul Rai @ Rahul Kumar S/o Saheb Rai,

3. Mithilesh Rai S/o Saheb Rai, All are R/o Vill.- Pirari, P.S.- Derni, District- Saran at Chapra.

.... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Ravi Prakash, Adv For the Respondent/s : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 10-10-2018 Heard learned counsel for the parties.

This is an appeal under Sections 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, against refusal of the prayer for anticipatory bail by order dated 23.07.2018 in A.B.P. No.2134 of 2018 passed by the learned 1st Addl. Sessions Judge, Saran at Chapra in connection with Derni P.S.Case No. 31 of 2018 registered under Sections 147,149,341,323,307,504 of the Indian Penal Code and Sections 3(i)(r) (s) of the Scheduled Castes and Scheduled Tribes Act.

There is case and counter case. The occurrence took place for pouring colours on the occasion of Holi. The allegation

Patna High Court CR. APP (SJ) No.3232 of 2018 dt.10-10-2018 2/2 is general and omnibus. Appellants have stated on oath that they have got no criminal antecedent.

Considering the aforesaid fact, 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 anticipatory bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of 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 and further 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 this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date11.10.2018 Transmission Date 11.10.2018