Om Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3049 of 2018 Arising Out of PS. Case No.-130 Year-2017 Thana- GOH District- Aurangabad ====================================================== Om Kumar, Son of Manoj Kumar, Resident of Village Pema, P.S. Goh, District- Aurangabad.

... ... Appellant/s

Versus

The State of Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Nilesh Kumar For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 06-10-2018 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 18.05.2018 passed by the learned 1st Additional Sessions Judgecum-Special Judge (SC/ST) Act, Aurangabad in Goh Police Station Case No.130 of 2017 registered under Sections 147, 148, 149, 341, 323, 324, 325, 326, 307, 379, 452, 427, 354, 504, 506 of the Indian Penal Code and Section 3(1)(r)/3(1)(s)/3(1)(w) (i)/3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Though allegation against the appellant is of commission of injury with an iron rod, at the head of the informant. However, the Doctor has not found any injury at the

Patna High Court CR. APP (SJ) No.3049 of 2018 dt.06-10-2018 2/2 head of the informant rather found injury on the left leg and forearm. The parties have entered into compromise. Considering the aforesaid facts, 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.

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