Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4245 of 2018 Arising Out of PS. Case No.-916 Year-2018 Thana- SASARAM NAGAR District- Rohtas ====================================================== Manoj Kumar, Son of Jagnarain Singh Resident of Mohalla-Khilanganj, Police Station-Sasaram (Town), District-Rohtas. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Surendra Kumar Choubey, Adv For the Respondent/s :

Mr.Binay Krishna,SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 21-12-2018 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 15.09.2018 in Registered Case No.186 of 2018 arising out of Sasaram (Darigaon) P.S.Case No.916 of 2018 passed by the learned 1st Additional Sessions Judge, Rohtas registered under Sections 323,341,379,353,504,506/34 of the Indian Penal Code, 135 of Bihar Electricity Act as well as under Sections 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes Act.

There is case and counter case. Offences of the Indian Penal Code alleged against the appellant are mostly

Patna High Court CR. APP (SJ) No.4245 of 2018 dt.21-12-2018 2/2 bailable. Appellant is not accused in any other case registered under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

In the circumstances, let the appellant, above named, in the event of his 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) 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 Date 22.12.2018 Transmission Date 22.12.2018