Upendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No. 3332 of 2017 Arising Out of PS.Case No. -4 Year- 2016 Thana -DHIBRA District- AURANGABAD ====================================================== Upendra Singh, S/o Bhagwati Singh, R/o Village - Tetrain, P.S. - Dhibra, District - Aurangabad .... .... Appellant

Versus

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

For the Appellant : Mr. Gajendra Kumar Singh, Advocate For the Respondent : Mr. Sadanand Paswan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-12-2017 Heard learned counsel for the parties.

This is an appeal under Section 14(2)(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for regular bail by the learned Special Judge (S.C./S.T.), Aurangabad in Dhibra P.S. Case No. 04 of 2016 registered under Sections 420, 467, 468, 419, 323, 379 of the Indian Penal Code as well as Section 3(i)(w)(i) of the SC/ST Act. The complaint based FIR reveals that the alleged occurrence took place for dispute relating to non-execution of the agreement to sell between the parties.

Considering the background of allegation, let the appellant, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties

Patna High Court CR. APP (SJ) No.3332 of 2017 (2) dt.15-12-2017 2/2 of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Dhibra P.S. Case No. 04 of 2016, subject to the condition that the appellant shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant.

Accordingly, this application stands allowed. (Birendra Kumar, J) Kundan/- U T