Ratnesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2025 of 2018 Arising Out of PS. Case No.-117 Year-2017 Thana- RAJAPAKAR District- Vaishali ====================================================== Ratnesh Kumar, Son of Late Dev Nandan Rai, Resident of VillageShekhpura, Police Station- Rajapakar in the district of Vaishali. ... ... Appellant/s

Versus

The State of Bihar.

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

For the Appellant/s :

Mr. Ranjeet Kumar For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 18-07-2018 Heard learned counsel for the parties.

This is an appeal under Section 14 (A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail vide order dated 15.05.2018 passed by the learned Additional Sessions Judge-Icum-Special Judge, Vaishali at Hajipur in A.B.P. No.849 of 2018, arising out of Rajapakar Police Station Case No.117 of 2017 registered under Sections 341, 323, 324, 504, 379, 420, 406, 120(B)/34 of the Indian Penal Code and Section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Land dispute is the reason behind alleged occurrence of abuse and assault as well as theft.

Patna High Court CR. APP (SJ) No.2025 of 2018 dt.18-07-2018 2/2 Considering the background 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 bond of Rs.20,000/- (Rupees 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 conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the appellant shall fully co-operate 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.

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