Ashok Ray @ Ashok Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3375 of 2018 Arising Out of PS. Case No.-42 Year-2018 Thana- RAGHOPUR District- Vaishali ======================================================

1. Ashok Ray @ Ashok Kumar, Son of Navdip Ray,

2. Navdip Ray, Son of Late Bhavikhan Ray, Both R/o VillageMallikpur, P.S.- Raghopur, District- Vaishali. ... ... Appellant/s

Versus

The State of Bihar.

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

For the Appellant/s :

Mr. Dhirendra Kumar Sinha, Adv For the Respondent/s :

Mr. Binay Krishna,SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 04-12-2018 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 01.08.2018 in A.B.P. No.1352 of 2018 passed by the learned Additional Sessions Judge-I, Vaishali at Hajipur in connection with Raghopur P.S.Case No. 42 of 2018 registered under Sections 147,148,149,341,323,324,427,435,504,506 of the Indian Penal Code, Section 27 of Arms Act as well as under Sections 3(i)(x) of the Scheduled Castes and Scheduled Tribes Act.

There is land dispute between the parties. There is case and counter case. The allegation is general

Patna High Court CR. APP (SJ) No.3375 of 2018 dt.04-12-2018 2/2 and omnibus. Offences of the Indian Penal Code alleged against the appellants are mostly bailable. Appellants have stated on oath that they have got no criminal antecedent.

Considering the entire facts aforesaid, 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 05.12.2018 Transmission Date 05.12.2018