Amrendra Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.365 of 2019 Arising Out of PS. Case No.-369 Year-2018 Thana- SHIVSAGAR District- ======================================================

1. Amrendra Singh, son of Late Ramji Singh

2. Shri Bhagwan Singh, son of Late Sita Singh

3. Ram Pravesh Singh, son of Late Dhaturi Singh

4. Ashok Kumar Singh, son of Late Nagina Singh, all residents of villageSonahar, P.S-Sheosagar, Distt.-Rohtas at Sasaram ... ... Appellants

Versus

The State of Bihar ... ... Respondent ====================================================== Appearance :

For the Appellant/s :

Mr.Vijay Kumar, Advocate For the Respondent/s :

Mr.Binay Krishna, Special P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 01-02-2019 This appeal is for grant of pre-arrest bail to the appellants against the order dated 24.12.2018 passed by Additional Sessions Judge-I-cumSpecial Judge, SC/ST Act, Rohtas at Sasaram, in Anticipatory Bail Petition filed by the appellants by which learned Special Judge has rejected prayer for pre-arrest bail of the appellants, who have been made accused in Registered Case No. 330 of 2018, arising out of Sheosagar P.S.Case No. 369 of 2018, registered under Sections 147, 148, 323, 341, 324, 307, 325, 326 of the Indian Penal Code and Section 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Allegation against the accused persons, including the appellants is that they have assaulted the informant and abused him by taking his caste name.

Submission of learned counsel for the appellants is that no specific allegation has been attributed against any of the appellants and there

Patna High Court CR. APP (SJ) No.365 of 2019 dt.01-02-2019 2/2 is case and counter case between the parties and both sides have received injuries.

Heard learned Special P.P.

Having heard both sides and in the facts and circumstances, let the appellants, named above, be released on bail, in the event of arrest or surrender, on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-I-cum-Special Judge, SC/ST Act, Rohtas at Sasaram, in connection with Registered Case No. 330 of 2018, arising out of Sheosagar P.S.Case No. 369 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. and one of the bailors of the appellants shall be a local person, having sufficient immoveable properties within the jurisdiction of court concerned.

Accordingly, the appeal is allowed and the impugned order dated 24.12.2018 is set aside.

(Vinod Kumar Sinha, J) spal/- AFR/NAFR CAV DATE Uploading Date Transmission Date