Tabrej Alam @ Md. Tabrez And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1788 of 2018 Arising Out of PS. Case No.-10 Year-2018 Thana- BIRPUR District- Supaul ======================================================
1. Tabrej Alam @ Md. Tabrez, Son of Umar Ali, Resident of Village- Shankarpur Bari Maszid Ward No. 14, P.S.- Basantpur Balua Bazar (Birpur), District- Supaul.
2. Amin Akhtar @ Md. Amin, S/o Umar Ali, Resident of VillageShankarpur Parmanandpur near Jama Maszid Ward No. 14, P.S.- Basantpur Balua Bazar (Birpur), District- Supaul. ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Sanjeev Kumar Mishra, Advocate For the Respondent/s :
Mr. Binay Krishna, SPP245 For the Informant :
Ms. Sushmita Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 27-11-2018 Heard learned counsel for the parties.
This is an appeal under Section 14(A) 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 17.04.2018 passed by the learned Additional Sessions Judge-1st, Supaul in A.B.P. No.327 of 2018, arising out of Birpur Police Station Case No.10 of 2018 registered under Sections 341, 323, 379, 354(A), 420, 504 of the Indian Penal Code and Sections 3(i)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The allegation is of cheating of Rs.1,50,000/- (Rupees One Lac and Fifty Thousand) on the pretext of managing Visa for
Patna High Court CR. APP (SJ) No.1788 of 2018 dt.27-11-2018 2/2 the informant to go to Dubai. The parties have entered into compromise. The factum of compromise has been supported by learned counsel appearing on behalf of the informant. The appellants have got no criminal antecedent.
In view of the aforesaid fact, 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 conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the appellants shall fully co-operate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the appellants.
Accordingly, the impugned order is set aside and this appeal stands allowed.
(Birendra Kumar, J) abhishek/- AFR/NAFR N.A.
CAV DATE N.A.
Uploading Date 29.11.2018 Transmission Date 29.11.2018