Jangbahadur Prasad Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3989 of 2018 Arising Out of PS. Case No.-36 Year-2015 Thana- SC/ST District- Khagaria ====================================================== Jangbahadur Prasad Ram Son of late Sito Das, resident of Village-Marar Dakshini, P.S. Morkahi, Distt.-Khagaria.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Ram Sumiran Rai, Advocate For the Respondent/s :

Mr. Binay Krishna, 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 24.09.2018 passed by the learned 1st Additional Sessions Judge-cum Special Judge (S.C./S.T. Act), Khagaria, in Special A.B.P. No. 64 of 2018, arising out of Khagaria SC/ST Police Station Case No. 36 of 2015 registered under Sections 341/323/34 of the Indian Penal Code and Section 3(i) (x) 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.3989 of 2018 dt.17-12-2018 2/2 against the appellant are bailable. The appellant has stated on oath that he has got no criminal antecedent.

Considering the aforesaid facts, let the appellant, above named, in the event of his 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) 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 appellant shall fully cooperate with the 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 the appeal is allowed.

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date 18.12.2018 Transmission Date 18.12.2018