Pradeep Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2091 of 2018 Arising Out of PS.Case No. -72 Year- 2017 Thana -TANDWA District- AURANGABAD ===========================================================

1. Pradeep Singh S/o Late Kesho Singh, R/o Vill.- Duari, P.S.- Tandwa, DistrictAurangabad. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Santosh Kumar Pandey, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 25-07-2018 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 28.05.2018 passed by the learned 1st Additional Sessions Judge-cumSpecial Judge (S.C./S.T. Act), Aurangabad, in Tandwa Police Station Case No.72 of 2017, registered under Sections 302/201/34 of the Indian Penal Code and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Allegation against the appellant and others is that they took the father of the informant from the house on the pretext of some talk relating to cultivation and thereafter dead body of the father of the informant was taken out from a Well.

Patna High Court CR. APP (SJ) No.2091 of 2018 dt.25-07-2018 P2/ Submission is that similarly situated co-accused Rajendra Singh and another have already been allowed anticipatory bail by a coordinate Bench of this Court in Cr. Appeal (SJ) No.1259 of 2018. Considering the fact that there is no eyewitness of the actual occurrence, 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 bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) 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 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 appeal stands allowed.

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date28.07.2018 Transmission Date 28.07.2018