Ramesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3889 of 2018 Arising Out of PS. Case No.-26 Year-2016 Thana- SC/ST District- Vaishali ====================================================== Ramesh Rai S/o Late Nirdhan Rai, resident of Village- Baligaon, P.S. Baligaon, District- Vaishali.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Satya Prakash Sinha, Adv For the Respondent/s :

Mr. Binay Krishna,SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 14-12-2018 Heard learned counsel for the parties.

This is an appeal under Sections 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, against refusal of the prayer for anticipatory bail by order dated 18.07.2018 in A.B.P. No.854 of 2018 passed by the learned Additional Sessions Judge I, Vaishali at Hajipur in connection with Hajipur SC/ST P.S.Case No. 26 of 2016 registered under Sections 341,504,506,34 of the Indian Penal Code as well as under Sections 3(1)(R)/3(1)(s) of the Scheduled Castes and Scheduled Tribes Act.

The offences of the Indian Penal Code alleged against the appellant are bailable. Appellant has got no criminal antecedent. The allegation is general and

Patna High Court CR. APP (SJ) No.3889 of 2018 dt.14-12-2018 2/2 omnibus.

Hence, 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 anticipatory bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) 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 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 this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 15.12.2018 Transmission Date 15.12.2018