Md. Saheb And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3847 of 2018 Arising Out of PS. Case No.-72 Year-2018 Thana- DHANKUND District- Banka ======================================================

1. Md. Saheb S/o Late Shah Diyanat @ Lt. Shah Diyawar,

2. Md. Sahrukh, son of Md. Saheb,

3. Md. Salman, S/o Md. Saheb,

4. Md. Gudhda, son of Late Shah Diyanat @ Lt. Shah Diyawar, All Resident of Village- Rahmatnagar, P.S. Dhankund, District Banka.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Ajay Mukherjee, Advocate For the Respondent/s :

Smt Usha Kumari No-1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 14-12-2018 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 11.09.2018 passed by the learned Additional Sessions Judge-I, Banka, in A.B.P. No.1037 of 2018, arising out of Dhankund Police Station Case No.72 of 2018, registered under Sections 341/323/504/506/34 of the Indian Penal Code and Section 3(i)(r)(w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The offences of the Indian Penal Code alleged

Patna High Court CR. APP (SJ) No.3847 of 2018 dt.14-12-2018 2/2 against the appellants are bailable and there is general and omnibus nature of allegation. Appellants have stated on oath that they have got no criminal antecedent.

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 bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Courtbelow 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 Date 17.12.2018 Transmission Date 17.12.2018