Ajit Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2759 of 2018 Arising Out of PS.Case No. -9 Year- 2015 Thana -SC/ST District- SAMASTIPUR ===========================================================

1. Ajit Kumar, son of Ram Pragash Mahto @ Ram Prakash Mahto, resident of Village- Surmar, P.S.- Sarairanjan, District- Samastipur.

2. Sujit Kumar, son of Ram Pragash Mahto @ Ram Prakash Mahto, resident of Village- Surmar, P.S.- Sarairanjan, District- Samastipur. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Bijay Bhushan Prasad, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 27-09-2018 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 against the refusal of prayer for anticipatory bail vide order dated 05.06.2018 passed by the learned 1st Additional Sessions Judge, Samastipur, in A.B.P. No.1124 of 2018, arising out of SC/ST Police Station Case No.9 of 2015, registered under Sections 341/323/504/506/34 of the Indian Penal Code and Sections 3(i) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

For dispute relating to accounting, allegation is of

Patna High Court CR. APP (SJ) No.2759 of 2018 dt.27-09-2018 P2/ commission of abuse and assault. Appellants have stated on oath that they have got no criminal antecedent.

Considering the nature of dispute, 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/- (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 impugned order is set aside and the appeal is allowed.

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date28.09.2018 Transmission Date 28.09.2018