Nagendra Prasad @ Nagendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3930 of 2018 Arising Out of PS. Case No.-99 Year-2016 Thana- SHEKHPURA District- Sheikhpura ====================================================== Nagendra Prasad @ Nagendra Kumar son of Sri Deo Nandan Prasad, Resident of Village- Devale, P.S. Shekhpura, District- Shekhpura. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Ramji Kumar For the Respondent/s :

Mr. Smt Usha Kumari No-1 ====================================================== 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail vide order dated 05.09.2018 in A.B.P. No. 556 of 2018 passed by the learned 1st Additional Sessions Judge, Sheikhpura in connection with SC/ST Case No. 178 of 2017 arising out of Sheikhpura (Kushumbha) P.S. Case No. 99 of 2016 registered under Sections 147, 149, 341, 323, 354, 307, 457, 379, 506 of the Indian Penal Code as well as Sections 3(1)(x, xi) of the SC/ST Act.

There is case and counter case lodged on the same day for occurrence of assault and abuse committed by the

Patna High Court CR. APP (SJ) No.3930 of 2018 dt.17-12-2018 2/2 parties.

Considering the background and nature of allegation as well as case and counter case, 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/- (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 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 as well as condition that both the bailors shall be resident of the territorial jurisdiction of the learned court below. Accordingly, the impugned order is set aside and this appeal stands allowed.

(Birendra Kumar, J) Kundan/Ravi AFR/NAFR N.A.

CAV DATE N.A.

Uploading Date 18.12.2018 Transmission Date 18.12.2018