Arvind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3337 of 2018 Arising Out of PS. Case No.-20 Year-2018 Thana- PAKARIBARAW District- Nawada ====================================================== Arvind Kumar, S/o Ram Padarath Dhobi @ Ram Padrath Rajak, R/o VillagePakri, P.S.- Pakri Verama, District- Nawada (Bihar). ... ... Appellant/s

Versus

The State of Bihar.

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

For the Appellant/s :

Mr. Raj Kishor Prasad For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 07-09-2018 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail vide order dated 04.08.2018 passed by the learned Additional Sessions Judge- 1st, Nawada in A.B.P. No.1123 of 2018, arising out of Pakribrama Police Station Case No.20 of 2018 registered under Sections 147, 149, 341, 323, 332, 337, 338, 307, 353, 427, 504 of the Indian Penal Code and Sections 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Murder of a person was committed. For that the people had obstructed the road traffic. When the Police came, the mob abused and assaulted.

Patna High Court CR. APP (SJ) No.3337 of 2018 dt.07-09-2018 2/2 Submission is that the appellant is also a member of scheduled caste. The allegation is general and omnibus. 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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