Abhishek Shrivastava v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3075 of 2018 Arising Out of PS.Case No. -315 Year- 2018 Thana -BAGHA DistrictWESTCHAMPARAN(BETTIAH) ===========================================================
1. Abhishek Shrivastava Son of Late Kishore Sharan Shrivastava, Resident of Village - Godiya Patti, Ward No. 20, P.S. - Bagha, District - West Champaran. .... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Vinod Shanker Modi, Advocate For the Respondent/s : Mrs. Usha Kumari No.1, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 06-09-2018 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 20.07.2018 passed by the learned 1st Additional Sessions Judge-cumSpecial Judge (S.C./S.T. Act), Bettiah, West Champaran, in A.B.P. No.1426 of 2018, arising out of Bagha Police Station Case No.315 of 2018, registered under Sections 504/506 of the Indian Penal Code and Sections 3(i)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The offences of the Indian Penal Code alleged against the appellants are bailable. The parties have entered into a compromise.
Patna High Court CR. APP (SJ) No.3075 of 2018 dt.06-09-2018 P2/ The appellant has stated on oath that they have got no criminal antecedent.
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 bonds of Rs.20,000/- (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. Accordingly, the impugned order is set aside and appeal stands allowed.
(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date07.09.2018 Transmission Date 07.09.2018