Suresh Sah And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2304 of 2018 Arising Out of PS.Case No. -76 Year- 2015 Thana -SAHARGHAT District- MADHUBANI ===========================================================
1. Suresh Sah, S/o Gnaur Sah,
2. Gnaur Sah S/o Pulkit Sah, Both are Residents of Vill.- Bengra, P.S.- Saharghat, District- Madhubani.
.... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Bimal Kumar, Advocate For the Respondent/s : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 10-08-2018 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 11.05.2018 passed by the learned 1st Additional Sessions Judge-cumSpecial Judge, Madhubani, in A.B.P. No.1508 of 2017, arising out of Saharghat Police Station Case No.76 of 2015, registered under Sections 341/323/353/504/506/34 of the Indian Penal Code and Sections 3(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The offences of the Indian Penal Code alleged against the appellants are mostly bailable.
Patna High Court CR. APP (SJ) No.2304 of 2018 dt.10-08-2018 P2/ The allegation is initially complaint based filed before the Court.
Considering the aforesaid facts, let the appellants, above named, in the event of their 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) each 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 appellants 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 appellants. Accordingly, the impugned order is set aside and the appeal is allowed.
(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date13.08.2018 Transmission Date 13.08.2018