Raja @ Md. Raja @ Md. Jamshed v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1007 of 2018 Arising Out of PS.Case No. -666 Year- 2017 Thana -FORBESGANJ District- ARRARIA ======================================================

1. Raja @ Md. Raja @ Md. Jamshed, S/o Late Ghulam Rasool @ Gulam Rasul, Resident of village- Mirzapur, Ward No. 3, P.S. Simraha, District- Araria.

.... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Md. Naushad Uzzoha, Advocate For the Respondent/s : Smt Usha Kumari No-1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-04-2018 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 against the refusal of prayer for anticipatory bail by the learned 1st Additional Sessions Judge, Araria, in connection with Forbesganj (Simraha) Police Station Case No.666 of 2017 corresponding to SPl.

Case No.265 of 2017, registered under Sections 448/341/342/385/365/511/34 of the Indian Penal Code and Section 3(i) (r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Co-accused Chandan Kumar who had gone to the house of the informant to demand ransom, has already been allowed anticipatory bail by a coordinate Bench of this Court vide

Patna High Court CR. APP (SJ) No.1007 of 2018 (2) dt.10-04-2018 P2/ Annexure-2 after considering the merit of the case. Name of the petitioner surfaced in the FIR along with four others who had come later on to the house of the informant to demand ransom. Considering the aforesaid fact especially grant of anticipatory bail to Chandan Kumar, 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