Patna High CourtCR. APP (SJ)/2519/2018allowed

Nishant Kumar Sinha @ Nashant Kumar Sinha v. The State Of Bihar

2018-08-20Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2519 of 2018 Arising Out of PS.Case No. -null Year- null Thana -null District- AURANGABAD ===========================================================

1. Nishant Kumar Sinha @ Nashant Kumar Sinha S/o Prabhat Kumar Sinha, R/o Vill.- New Aea, in front of J.K. Hotel Maharajganj Road, P.S.- Aurangabad Town , District- Aurangabad.

.... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Purushotam Sharma, Advocate For the Respondent/s : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 20-08-2018 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 bail vide order dated 05.06.2018 passed by the learned 1st Additional Sessions Judge, Aurangabad, in B.P. No.298 of 2018, arising out of Aurangabad (Town) Police Station Case No.64 of 2018, registered under Sections 420/406 of the Indian Penal Code and Section 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The FIR was lodged with allegation that the appellant had entered into an agreement to sell. However, in spite of receipt of consideration money he did not execute the sale-deed.

Patna High Court CR. APP (SJ) No.2519 of 2018 dt.20-08-2018 P2/ Submission is that the appellant is in custody since 21.03.2018. The matter is of pure civil dispute. The appellant has got no criminal antecedent.

Finding substance in the aforesaid submissions, let the appellant, above named, be released on bail on furnishing bail bond of Rs.20,000/- (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, with 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 appeal is allowed.

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date21.08.2018 Transmission Date 21.08.2018