Rohit Kumar Chandravanshi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1709 of 2018 Arising Out of PS.Case No. -31 Year- 2017 Thana -SC/ST District- PATNA ===========================================================

1. Rohit Kumar Chandravanshi, Son of Muttan alias Raju Chandravanshi,

2. Muttan alias Raju Chandravanshi, Son of Late Bharat alias Buchi,

3. Sunny Chandravanshi, Son of Keshav Prasad @ Govind Prasad, All residents of Mohalla Ram Jai Krishna Road Gurhatta Tin Konia Imam Bara, P.S.- Khajekalan, District- Patna .... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr.

For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 21-08-2018 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 29.01.2018 in A.B.P. No. 550 of 2018 passed by the learned 5th Additional Sessions Judge-cum-Special Judge S.C./S.T. (POA) Act, Patna in connection with SC/ST P.S. Case No. 31 of 2017 registered under Sections 147, 323, 341, 504, 506 of the Indian Penal Code as well as Sections 3(1)(r), 3(1)(p) of the SC/ST Act.

There is case and counter case. Offences of the Indian Penal Code alleged against the appellants are bailable. Appellants

Patna High Court CR. APP (SJ) No.1709 of 2018 dt.21-08-2018 2/2 have stated on oath that they have got no criminal antecedent. Learned Special Public Prosecutor opposed the prayer for bail.

Considering the aforesaid facts, 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/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellants as well as condition that both the bailors shall be resident of within the territorial jurisdiction of the learned court below.

Accordingly, the impugned order is set aside and this appeal stands allowed.

(Birendra Kumar, J) Kundan/- AFR/NAFR N.A.

CAV DATE N.A.

Uploading Date 24.08.2018 Transmission Date 24.08.2018