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Patna High CourtCR. APP (SJ)/2737/2018allowed

Ajit Kumar Soni And ORS v. The State Of Bihar

2018-10-05Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2737 of 2018 Arising Out of PS.Case No. -null Year- null Thana -null District- GOPALGANJ ===========================================================

1. Ajit Kumar Soni , Son of Dinanath Soni.

2. Ashok Kumar Tiwary, Son of Jayram Tiwary.

3. Abhay Kumar Tiwary, Son of Jayram Tiwary.

4. Ramakant Tiwary, Son of Late Rajbalam Tiwary. All R/o Village-Belsand, P.S.-Barauli (Madhopur) O.P., District-Gopalganj. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Satrudhan Kumar, Adv For the Respondent/s : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 05-10-2018 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 order dated 21.06.2018 in A.B.P. No.613 of 2018 passed by the learned 1st Additional Sessions Judge, Gopalganj in connection with Barauli P.S.Case No. 74 of 2018, G.R.No.1074 of 2018 registered under Sections 147, 148, 149, 353, 354, 386, 504, 506, 120B of the Indian Penal Code and Sections 3(i)(r) of the Scheduled Castes and Scheduled Tribes Act. Considering the nature of allegation and factum of compromise of the case between the parties and also

Patna High Court CR. APP (SJ) No.2737 of 2018 dt.05-10-2018 2/2 considering the fate of the trial after compromise, 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 anticipatory bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) each 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 and further 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 this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date06.10.2018 Transmission Date 06.10.2018