Babloo Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3277 of 2018 Arising Out of PS.Case No. -57 Year- 2018 Thana -PANDARAK District- PATNA ===========================================================
1. Babloo Kumar, Son of Jagdish Yadav,
2. Shambhu Kumar, Son of Krishna Yadav.
3. Vinod Kumar @ Laltus @ Laltush Yadav, Son of Bhonu Yadav.
4. Vivek Kumar, Son of Upendra Yadav, all resident of Village- Dargahi Tola, P.S.- Pandarak, District- Patna.
.... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Prem Ranjan Kumar, Advocate For the Respondent/s : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 10-10-2018 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 30.07.2018 passed by the learned Special Judge (S.C./S.T. Act)-cumAdditional Sessions Judge-V, Patna, in A.B.P. No. 5075 of 2018, arising out of Pandarak Police Station Case No. 57 of 2018, registered under Sections 147/148/149/323/504/506 of the Indian Penal Code and Sections 3(i)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The offences alleged against the appellants under the
Patna High Court CR. APP (SJ) No.3277 of 2018 dt.10-10-2018 P2/ Indian Penal Code are bailable. The allegation is general and omnibus. The FIR was lodged after delay of seven days. The appellants have stated on oath that they have got no criminal antecedent.
Considering the entire facts aforesaid, 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 Date12.10.2018 Transmission Date 12.10.2018