Sanjay Prasad @ Kameshwar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2139 of 2018 Arising Out of PS. Case No.-62 Year-2018 Thana- ROSHANGAANJ District- Gaya ====================================================== Sanjay Prasad @ Kameshwar Kumar, Son of Late Radhuvar Mahto @ Late Radhuvar Prasad alias Late Bundi Mahto, Resident of Village- Simrehat, P.S.- Roushanganj, District- Gaya.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Anil Kumar Saxena For the Respondent/s :
Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 25-07-2018 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail vide order dated 15.05.2018 passed by the learned Exclusive Special Judge, SC/ST Act, Gaya, in A.B.P. No.62 of 2018, arising out of Roushanganj Police Station Case No.62 of 2018, registered under Sections 457, 341, 323, 354, 504, 506 of the Indian Penal Code and Section 3(1)(r)(w)(i)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Patna High Court CR. APP (SJ) No.2139 of 2018 dt.25-07-2018 2/2 The F.I.R. would reveal that for land dispute the appellant and others allegedly committed abuse and assault by taking case name of the informant.
Considering the background and nature of allegation, 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 bond of Rs.20,000/- (Rupees Twenty Thousand) 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 conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the appellant shall fully co-operate with the investigation/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 this appeal stands allowed.
(Birendra Kumar, J) abhishek/- AFR/NAFR N.A.
CAV DATE N.A.
Uploading Date 28.07.2018 Transmission Date 28.07.2018