Ramayan Chaubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3824 of 2018 Arising Out of PS. Case No.-29 Year-2018 Thana- SC/ST District- Rohtas ====================================================== Ramayan Chaubey, Son of Late Ramsagar Chaubey, Resident of VillageDhanadhi, P.S.-Sasaram (M), District- Rohtas. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Sanjay Kumar Tiwary For the Respondent/s :

Mr. Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 13-12-2018 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 07.09.2018 passed by the learned 1st Additional Sessions Judgecum-Special Court of SC/ST, Rohtas at Sasaram in Registered Case No.112 of 2018, arising out of SC/ST Dehri Police Station Case No.29 of 2018 registered under Sections 341, 323, 504, 506 of the Indian Penal Code and Sections 3 (1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

The offences of the Indian Penal Code alleged against the appellant are bailable. Appellant has stated on oath that he

Patna High Court CR. APP (SJ) No.3824 of 2018 dt.13-12-2018 2/2 has got no criminal antecedent. The occurrence allegedly took place for the reason that the appellant was not happy with the fact that informant had worked in the field of Binod Chaubey. Considering the facts aforesaid, 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 bond of Rs.20,000/- (Rupees 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 conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the appellant shall fully co-operate 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 this appeal stands allowed.

(Birendra Kumar, J) abhishek/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 15.12.2018 Transmission Date 15.12.2018