Manoj Rai @ Bhulla Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1155 of 2018 Arising Out of PS.Case No. -84 Year- 2017 Thana -GANGABRIDGE DistrictVAISHALI(HAJIPUR) ===========================================================

1. Manoj Rai @ Bhulla Rai, S/o Late Hari Narayan,

2. Vikash Kumar S/o Manoj Rai @ Ram Sobhit Rai, Both R/o Vill.- Hilalpur, P.S.- Industrial Area, District- Vaishali.

.... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Alok Kumar Alok, Advocate For the Respondent/s : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 02-08-2018 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 anticipatory bail vide order dated 08.03.2018 passed by the learned Additional Sessions Judge-I, Vaishali at Hajipur, in A.B.P. No. 415 of 2018, arising out of Ganga Bridge Police Station Case No.84 of 2017, registered under Sections 341/323/307/504/34 of the Indian Penal Code and Sections 3(i) (r)/3(i)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

For dispute arising out of an agreement to sell between the

Patna High Court CR. APP (SJ) No.1155 of 2018 dt.02-08-2018 P2/ parties, allegation of commission of abuse is there against the appellants; whereas allegation of commission of assault with dagger is against co-accused Kishore Kumar Ray.

Considering the background and nature of allegation, 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 Date04.08.2018 Transmission Date 04.08.2018