Vikky Kumar @ Vikky Ram And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3998 of 2018 Arising Out of PS. Case No.-21 Year-2018 Thana- BHADAUR District- Patna ======================================================

1. Vikky Kumar @ Vikky Ram Son of Sarwan Ram

2. Sanjay Ram Son of Late Darogi Ram Both are Resident of Village-Daulatpur,Police Station Bhaduar, Distt.-Patna ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Arun, Advocate For the Respondent/s :

Smt Usha Kumari No-1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 17-12-2018 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 15.05.2018 passed by the learned Special Judge (S.C./S.T. Act), cum Additional Sessions Judge-V, Patna, in A.B.P. No.2763 of 2018, arising out of Bhaduar Police Station Case No.21 of 2018, registered under Sections 341/323/337/504/34 of the Indian Penal Code and Sections 3(1) (r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The occurrence of abuse and assault allegedly took place at the time of measurement of the disputed land. Specific allegation is against co-accused Sravan Ram to have caused injury at

Patna High Court CR. APP (SJ) No.3998 of 2018 dt.17-12-2018 2/2 the head of the informant with spade.

Considering the facts of this case and the background 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./banti AFR/NAFR NAFR CAV DATE NA Uploading Date 18.12.2018 Transmission Date 18.12.2018