Md. Amjad @ Md. Amijad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4172 of 2018 Arising Out of PS. Case No.-394 Year-2017 Thana- GAYA MUFASIL District- Gaya ====================================================== Md. Amjad @ Md. Amijad, Son of Sikandar Mian, Resident of VillageBhadeji, P.S.- Muffasil, District- Gaya. ... ... Appellant/s

Versus

The State of Bihar.

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

For the Appellant/s :

Mr. Shivendra Prasad For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 21-12-2018 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 04.10.2018 passed by the learned Special Judge (S.C./S.T. Act), Gaya in A.B.P. No.206 of 2018, arising out of Gaya Muffasil Police Station Case No.394 of 2017 registered under Sections 147, 148, 149, 341, 323, 504, 153(A), 379 of the Indian Penal Code and Sections 3 (I) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. There is general and omnibus allegation against the appellant of abusing the informant, addressing him as Hindu.

Patna High Court CR. APP (SJ) No.4172 of 2018 dt.21-12-2018 2/2 Considering the general and omnibus nature of allegation, 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 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) abhishek/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 22.12.2018 Transmission Date 22.12.2018