Rajesh Kumar Gupta @ Rajesh Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.55 of 2018 Arising Out of PS.Case No. -67 Year- 2016 Thana -SC/ST District- SASARAM (ROHTAS) ======================================================

1. Rajesh Kumar Gupta @ Rajesh Kumar, S/o Jitbandhan Sah,

2. Ranjan Sah S/o Baban Sah,

3. Rajbali Sah S/o Rameshwar Sah, All are R/o Village- Indrarth Kala, P.S.- Bikramganj, District- Rohtas at Sadaram. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Raghunandan Kumar Singh, Advocate For the Respondent/s : Smt Usha Kumari No-1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-02-2018 Heard learned counsel for the parties.

Appellant No.1 Rajesh Kumar Gupta @ Rajesh Kumar has already been arrested in this case. Hence, his prayer for anticipatory bail is dismissed.

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 by the learned Additional Sessions Judge-I, Rohtas at Sasaram, in SC/ST Dehri Police Station Case No.67 of 2016 registered under Sections 341/323/354/379/504/506/34 of the Indian Penal Code and Sections 3(i) (r)(s)(w)(i)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Patna High Court CR. APP (SJ) No.55 of 2018 (3) dt.06-02-2018 P2/ The F.I.R. does not disclose that the offence alleged under the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act was committed in public view. Hence, let the appellants, namely, Ranjan Sah and Rajbali Sah, 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 appeal stands disposed of.

(Birendra Kumar, J) Mkr./- U T