Dharmendra Kumar Laheri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2418 of 2018 Arising Out of PS.Case No. -28 Year- 2017 Thana -KHAIRA District- JAMUI ===========================================================

1. Dharmendra Kumar Laheri S/o Raj Kumar Laheri, R/o Mohalla- Bhachhiya, District- Jamui.

.... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Niranjan Parihar, Advocate For the Respondent/s : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 23-08-2018 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 26.04.2018 passed by the learned Additional Sessions Judge-I, Jamui, in A.B.P. No.332 of 2018, arising out of Khaira SC/ST Police Station Case No.28 of 2017, registered under Sections 147/148/341/ 323 / 307 / 504/506 of the Indian Penal Code and Sections 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The appellant is not named in the FIR. The appellant had lodged Khaira P.S. Case No.27 of 2017 against the informant of this

Patna High Court CR. APP (SJ) No.2418 of 2018 dt.23-08-2018 P2/ case and others for the occurrence dated 04.02.2017. During investigation name of the appellant surfaced in this case. Considering the background and nature of allegation, 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./- AFR/NAFR NAFR CAV DATE NA Uploading Date25.08.2018 Transmission Date 25.08.2018