Lal Babu Paswan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.170 of 2018 Arising Out of PS.Case No. -186 Year- 2017 Thana -JANDAHA District- VAISHALI(HAJIPUR) ======================================================

1. Lal Babu Paswan, Son of Shyam Sundar Paswan, resident of Mohalla Jaganpura (near Patna Central School), P.S. Ram Krishna Nagar, DistrictPatna.

2. Pravesh Singh @ Paramhans, Son of Late Jagdish Singh, Resident of Village Hasanpur, P.S. Jandaha, District Vaishali. .... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr.Ajay Kumar Thakur, Adv. : Mr.Shsshank Shekhar, Adv.

: Mr.Ritwaj Raman, Adv.

For the Respondent/s : Smt Usha Kumari No-1, SPP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-02-2018 Heard learned counsel for the parties.

This is an appeal under Sections 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, against refusal of the prayer for anticipatory bail by the learned Additional Sessions Judge -1st-cumSpecial Judge, Vaishali at Hajipur in connection with Jandaha P.S.Case No. 186 of 2017 registered under Sections 341,342,323,324,307,354(a)(1)(i), 354(B), 379,504/34 of the Indian Penal Code as well as under Sections 3(1)(c))r)(w) of the Scheduled Castes and Scheduled Tribes Act. Appellant No.2, Pravesh Singh @ Paramhans has already been arrested. Hence, his prayer of anticipatory bail is dismissed as infructuous.

Patna High Court CR. APP (SJ) No.170 of 2018 (3) dt.26-02-2018 Allegation against the appellant No.1, Lal Babu Paswan and others is that he was in inebriated condition and on that way passed sarcastic remark against the informant, when her husband protested he was assaulted. Allegation is that the accused had snatched money. Considering the fact that there is no substantial material against the aforesaid appellant, Lal Babu Paswan that he intentionally committed any of the offence, hence, 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 anticipatory bail on furnishing bail bond of Rs.

20,000 (Twenty Thousand) with two sureties of the like amount each to the satisfaction of 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 appellant 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 appellant.

Accordingly, this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- U T