Shrichand Prasad And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.770 of 2018 Arising Out of PS.Case No. -129 Year- 2017 Thana -ROUH District- NAWADA ======================================================

1. Shrichand Prasad, Son of Bhagwat Mahton

2. Narain Mahton @ Narain Prasad, S/o Suraj Mahton, both R/o village Samharigarh, P.S. Roh, Dist. - Nawada .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Gauri Shankar Prasad For the Respondent/s : Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-03-2018 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 by the learned 1st Additional Sessions Judge-cum-Special Judge, Nawada in Roh P.S. Case No. 129 of 2017 registered under Sections 147, 148, 149, 341, 323, 307, 353, 427, 436, 504, 506 of the Indian Penal Code as well as Section 3(i)(r)(q) of the SC/ST Act.

Considering the general and omnibus allegation against the appellants and others as well as considering the fact that there is no material to substantiate that the appellants were intending to humiliate a member of the scheduled caste by prior

Patna High Court CR. APP (SJ) No.770 of 2018 (2) dt.15-03-2018 2/2 meeting of mind, 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/- (rupees 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 and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellants. Accordingly, this appeal stands allowed.

(Birendra Kumar, J) Kundan/- U T