Tunna Kumar Paswan @ Tuna Paswan @ Tunna Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1749 of 2018 Arising Out of PS. Case No.-103 Year-2017 Thana- KUTUMBA District- Aurangabad ====================================================== Tunna Kumar Paswan @ Tuna Paswan @ Tunna Paswan, S/o Raja Ram Paswan, resident of Village- Paderia, P.S.- Amba, District- Aurangabad. ... ... Appellant/s

Versus

The State of Bihar.

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

For the Appellant/s :

Mr. Bhaskar Shankar For the Respondent/s :

Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 17-07-2018 Heard learned counsel for the parties.

This is an appeal under Section 14A (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 04.05.2018 passed by the learned 1st Additional Sessions Judgecum-Special Judge (SC/ST), Aurangabad in Kutumba Police Station Case No.103 of 2017 registered under Sections 147, 149, 342, 323, 337, 307, 332, 353, 224, 506 of the Indian Penal Code and Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

The appellant is a member of scheduled caste. It appears that similarly situated some other co-accused persons

Patna High Court CR. APP (SJ) No.1749 of 2018 dt.17-07-2018 2/2 have already been allowed anticipatory bail by different coordinate Benches of this Court vide Annexure-2. 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 the appeal is allowed.

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