Sonalal Sah @ Sonelal Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2902 of 2018 Arising Out of PS.Case No.

-16 YearThana -SC/ST BETTIAH DistrictWESTCHAMPARAN (BETTIAH) ===========================================================

1. Sonalal Sah @ Sonelal Sah,

2. Jailal Sah, Both sons of Late Shambhu Sah, resident of Village - Bankat Mushari, P.S. Majhaulia, District - West Champaran. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr.

For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 25-09-2018 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail vide order dated 23.06.2018 in A.B.P. No. 993 of 2018 passed by the learned 1st Additional Sessions Judge-cum-Special Judge S.C./S.T. (POA) Act, West Champaran at Bettiah in connection with Bettiah SC/ST P.S. Case No. 16 of 2018 registered under Sections 341, 323, 325, 504 of the Indian Penal Code as well as Sections 3(1)(r)(ii)(va) of the SC/ST Act. Considering the nature of allegation of offences of the Indian Penal Code which are bailable as well as considering the fact

Patna High Court CR. APP (SJ) No.2902 of 2018 dt.25-09-2018 2/2 that FIR was lodged after about two and half months of the alleged occurrence, coupled with the facts that the appellants have stated on oath that they have got no criminal antecedent, 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/- (rupees 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 as well as condition that both the bailors shall be resident of within the territorial jurisdiction of the learned court below.

Accordingly, the impugned order is set aside and this appeal stands allowed.

(Birendra Kumar, J) Kundan/- AFR/NAFR N.A.

CAV DATE N.A.

Uploading Date 26.09.2018 Transmission Date 26.09.2018