Sanjay Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5026 of 2019 Arising Out of PS. Case No.-217 Year-2016 Thana- SHEOHAR District- Sheohar ====================================================== 1.

Sanjay Sah Son of Late Kalyug Sah Resident of Village - Kahtarawa, P.S.- Sheohar, District - Sheohar 2.

Jaiprakash Sah Son of Late Kalyug Sah Resident of Village - Kahtarawa, P.S.- Sheohar, District - Sheohar 3.

Bhuneshwar Sah @ Bhubneshwar Sah Son of Late Kalyug Sah Resident of Village - Kahtarawa, P.S.- Sheohar, District - Sheohar ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Devendra Kumar, Advocate For the Respondent/s :

Mr. Binay Krishna, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-12-2019 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 bail by order dated 24.10.2019 in connection with SC/ST Sheohar P.S.Case No.217 of 2016 in ABP No.375 of 2019 by the learned Ist Additional Sessions Judge-cum-Special Judge, SC/ST, Sheohar under Sections 302, 201 and 120(B)/34 of the Indian Penal Code and Sections 3(2)(v) of SC/ST Act. Some other co-accused have been allowed anticipatory bail by a coordinate Bench of this Court vide order

Patna High Court CR. APP (SJ) No.5026 of 2019(3) dt.16-12-2019 2/2 at Annexure-4 of this application. The reason for granting bail, applicable to those accused are available to the appellants also, Hence, let the above named appellants, 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 anticipatory bail on furnishing bail bond of Rs.20,000/- (twenty thousand) each 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 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 this appeal stands allowed.

(Birendra Kumar, J) B.Kr./- U T