Dinesh Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.849 of 2018 Arising Out of PS.Case No. -278 Year- 2017 Thana -GANDHIMAIDAN District- PATNA ======================================================

1. Dinesh Thakur, S/o Late Ganga Thakur, resident of Mohalla- Salimpur Ahra, Gali No.- 2, Nala Par, P.S.- Gandhi Maidan, District- Patna. .... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Pramod Kumar Singh, Advocate For the Respondent/s : Smt Usha Kumari No-1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-03-2018 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 by the learned Additional Sessions Judge-V-cum-Special Judge, Patna, in Gandhi Maidan Police Station Case No.278 of 2017 registered under Sections 406/420/323/504/511 of the Indian Penal Code and Sections 3(iii) (x)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The complainant had entered into an agreement to purchase property from co-accused Satya Narayan and Saheb Sharma. The appellant was a witness on the agreement to sell. Allegation is against the appellant and others that in spite of

Patna High Court CR. APP (SJ) No.849 of 2018 (2) dt.23-03-2018 P2/ receipt of consideration money they did not execute the same. Considering the nature of allegation, 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./- U T