Jichchu Mahaldar @ Jichchu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5715 of 2019 Arising Out of PS. Case No.-393 Year-2018 Thana- KAHALGAON District- Bhagalpur ====================================================== JICHCHU MAHALDAR @ JICHCHU SINGH Son of Jalafu Singh Resident of Village - Goughatta, Police Station- Buddhu Chak, District - Bhagalpur. ... ... Appellant/s
Versus
THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Dr. Manoj Kumar, Adv For the Respondent/s :
Mr.Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 06-01-2020 Heard learned counsel for the parties.
This is an appeal under Sections 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, against refusal of the prayer for anticipatory bail by order dated 14.11.2019 in A.B.P. No.2362 of 2019 passed by the learned 3rd Additional District and Sessions Judge-cum-Special Judge, SC/ST Act, Bhagalpur in connection with Kahalgaon (Shiv Narayanpur) P.S.Case No. 393 of 2018 registered under Sections 341,147,148,323,504,506 of the Indian Penal Code and 27 of Arms Act and 3(v)w(i)(ii) of the Scheduled Castes and Scheduled Tribes Act.
Co-accused-Lalu Jha @ Rajan Kumar Jha was allowed anticipatory bail by a Coordinate Bench of this Court in Cr.Appeal (SJ) No.4366 of 2018 considering the general and omnibus nature
Patna High Court CR. APP (SJ) No.5715 of 2019 dt.06-01-2020 2/2 of allegation. The allegation against the appellant is on better footing.
Hence, 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 (Twenty Thousand) with two sureties of the like amount each to the satisfaction of 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 and further 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 this appeal stands allowed.
(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 07.01.2020 Transmission Date 07.01.2020