Sateyendra Bhagat And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4000 of 2018 Arising Out of PS. Case No.-38 Year-2018 Thana- SC/ST District- Jehanabad ======================================================

1. Sateyendra Bhagat

2. Ravindra Bhagat

3. Krishna Bhagat @ Krishna Pal All sons of Late Pyare Bhagat

4. Puja Devi wife of Krishna Bhagat @ Krishna Pal

5. Babita Devi wife of Sateyendra Bhagat

6. Anjul Devi @ Angal Devi Wife of Ravindra Bhagat All are Resident of Village-Daulatpur Mathia, Police Station Jehanabad,Distt.-Jehanabad ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Gajendra Kumar Singh, Advocate For the Respondent/s :

Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 17-12-2018 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 against the refusal of prayer for anticipatory bail vide order dated 17.09.2018 passed by Additional Sessions Judge- 1st, Jehanabad, in A.B.P. No. 1349 of 2018, arising out of Jehanabad SC/ST Police Station Case No.38 of 2018, registered under Sections 147/149/341/323/379/504 of the Indian Penal Code and Sections 3(i) (r)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

There is case and counter case between the parties. Offences of the Indian Penal Code alleged against the appellants are

Patna High Court CR. APP (SJ) No.4000 of 2018 dt.17-12-2018 2/2 mostly bailable. The appellants have stated on oath that they have got no criminal antecedent. The allegation is general and omnibus against the appellants.

Considering the entire facts, let the appellants, above named, 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 bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each 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 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 the appeal is allowed.

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date 18.12.2018 Transmission Date 18.12.2018