Awanish Nandan @ Avanish Singh @ Avinish Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3036 of 2018 Arising Out of PS.Case No. -60 Year- 2016 Thana -BIHTA District- PATNA ===========================================================

1. Awanish Nandan @ Avanish Singh @ Avinish Singh Son of Late Kamlesh Prasad Singh, resident of Village- Amhara, P.S. Bihta, District Patna. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Sanjay Kumar Singh, Adv For the Respondent/s : Mr. Sadanand Paswan, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 10-10-2018 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 10.07.2018 in A.B.P. No.4804 of 2018 arising out of Bihta P.S.Case No.60 of 2016 passed by the learned Special Judge, SC/ST Act-cum-Addl. Sessions Judge-V, Patna registered under Sections 147,148,149,341,323,354,436,448 of the Indian Penal Code, Section 27 of the Arms Act as well as under Sections 3(1)(x) of the Scheduled Castes and Scheduled Tribes Act.

Considering the fact that co-accused-Uma Singh @ Uma Shankar Singh and others have been allowed anticipatory bail by a Coordinate Bench of this Court vide Annexure-2, let the appellant, above named, in the event of his arrest or

Patna High Court CR. APP (SJ) No.3036 of 2018 dt.10-10-2018 2/2 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) 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 appellant 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 appellant. Accordingly, the impugned order is set aside and this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date11.10.2018 Transmission Date 11.10.2018