Madan Lal Mandal And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.291 of 2018 Arising Out of PS.Case No. -15 Year- 2017 Thana -SC/ST District- MUNGER ======================================================
1. Madan Lal Mandal, Son of Late Krishnadeo Mandal.
2. Ashish Kumar @ Mithilesh Kumar, Son of Madan Lal Mandal, resident of Nayagaon, Thakurbari Road, P.S.- East Colony, Jamalpur, DistrictMunger. .... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Rajesh Kumar For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-02-2018 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail by the learned Additional Sessions Judge-1st, Munger in SC/ST. P.S. Case No. 15 of 2017 of registered under Sections 341, 323, 354, 379, 504/34 of the Indian Penal Code as well as Sections 3(i)(r)(s)(p)/3(1)(w)(i) of the SC/ST Act.
Since the informant had purchased some land from the co-sharer of the appellants, the appellants allegedly entered into the house of the informant and committed abuse and assault.
Patna High Court CR. APP (SJ) No.291 of 2018 (3) dt.28-02-2018 2/2 Learned Special Public Prosecutor has opposed the prayer for bail.
Considering the aforesaid facts, 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 bond of Rs.20,000/- (rupees 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 and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellants.
Accordingly, this appeal stands allowed.
(Birendra Kumar, J) sushma/- U T