Ankit Singh And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.174 of 2019 Arising Out of PS. Case No.-288 Year-2018 Thana- RAJAOLI District- Nawada ======================================================
1. Ankit Singh son of Upendra Singh
2. Avinash Singh son of Upendra Singh
3. Sonu Singh son of Upendra Singh
4. Shailendra Singh son of Daso Singh
5. Amit Singh son of Dhanushdhari Singh
6. Guddu Singh son of Arun Singh
7. Prince Ray son of Shankar Ray
8. Upendra Singh son of Daso Singh
9. Munna Singh @ Manoranjan Kumar son of Devlal Singh
10. Shankar Singh son of Raj Kumar Singh
11. Sato Singh son of Lato Singh
12. Dhanushdhari Singh son of Chando Singh
13. Suman Singh son of Lato Singh
14. Titi Singh @ Ranjan Kumar son of Vijay Singh
15. Karu Singh @ Vikash Singh son of Upendra Singh V
16. Rahul Singh son of Sato Singh All are resident of Vill-Amawan,P.S-Rajauli, Distt.-Nawada. ... ... Appellant/s
Versus
1. State Of Bihar and Anr Bihar
2. Ringa Devi Birendra Rajbanshi Vill-Amawan,P.S-Rajauli, Distt.-Nawada. ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Hansraj For the Respondent/s :
Mr.Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 07-02-2019 By way of this memo of appeal,preferred under Section 14(A) of the Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act, 1989, appellants seek for setting aside the order dated 1.12.2018 passed in ABP No.1919 of 2018, Rajauli P.S.Case No.288 of 2018 for the offences punishable under Sections 147, 341, 323, 447, 427, 379, 436, 504, 506 of the Indian Penal Code and Section 3(i)(r), 3(ii)(iv) of SC/ST Act by the
Patna High Court CR. APP (SJ) No.174 of 2019 dt.07-02-2019 2/3 learned 1st Additional Sessions Judge cum Spl. Judge, Nawada, whereby and where-under, the appellant's application for grant of anticipatory bail has been rejected.
Allegation against the appellants is of assaulting the informant and abusing by caste name.
Submission of the learned counsel for the appellants is that no specific allegation has been attributed about abusing by taking caste name rather allegation is general in nature and so far allegation of assault is concerned, except the appellant nos. 1 to 4 no specific allegation ha been attributed against any of the appellants.
Heard learned Special P.P. and the learned counsel for the informant. .
Having heard both sides, so far appellant nos. 1 , Ankit Singh, 2. Avinash Singh, 3. Sonu Singh and 4. Shailendra Singh are concerned, I am not inclined to grant bail to them rather they are directed to surrender before the learned Special Judge within a period of six weeks from the date of receipt of the order and make payer for regular bail which will be considered on the basis of materials available on the record as well as nature of the injury.
Patna High Court CR. APP (SJ) No.174 of 2019 dt.07-02-2019 3/3 So far appellant nos. 5. Amit Singh, 6. Guddu Singh, 7. Prince Ray, 8. Upendra Singh, 9. Munna Singh @ Manoranjan Kumar, 10. Shankar Singh, 11. Sato Singh, 12. Dhanushdhari Singh, 13, Suman Singh, 14. Titi Singh @ Ranjan Kumar, 15. Karu Singh @ Vikash Singh and 16. Rahul Singh are concerned, in the event of their arrest or surrender before the learned court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned ADJ I, Nawada in connection with Rajauli P.S.case No.288 of 2018 dated 22.10.2018 subject to condition as laid down under Section 438 of Cr.P.C. (Vinod Kumar Sinha, J) chn/- AFR/NAFR NAFR CAV DATE NA Uploading Date 8.2.2019 Transmission Date 8.2.2019