Mukul Kumar And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.529 of 2019 Arising Out of PS. Case No.-161 Year-2018 Thana- KARPI District- Jehanabad ======================================================

1. Mukul Kumar, S/o Jai Nandan Sharma resident of village-Sahar Telpa, P.SKarpi in the district of Arwal.

2. Pintu Kumar @ Pintu Kumar Sharma S/o Raju Sharma resident of villageSahar Telpa, P.S-Karpi in the district of Arwal. ... ... Appellant/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Sunil Kumar For the Respondent/s :

Mrs.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 14-02-2019 This is an appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer of anticipatory bail dated 15.01.2019 passed by the learned Addl. Sessions Judge-1st, Jehanabad in ABP No. 2006 of 2018 arising out of Karpi (Sahar Telpa) P.S.Case No. 161 of 2018 registered under Sections 109, 120B, 147, 149, 187, 188, 283, 341, 342, 353, 427, 435, 447, 504 and 506 of the Indian penal Code and Sections 3(i)(r) (s)/3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Allegation as per the FIR is that 15 named accused persons and more than 150 unknown persons blocked the road due to death of a person and when police came they obstructed

Patna High Court CR. APP (SJ) No.529 of 2019 dt.14-02-2019 2/2 from doing official duty.

Submission of learned counsel for the appellants is that though they are named in the FIR but no specific allegation has been attributed against them.

Heard learned Spl. P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the appellants, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-1st, Jehanabad in ABP No. 2006 of 2018 arising out of Karpi (Sahar Telpa) P.S.Case No. 161 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

Accordingly, the appeal is allowed and the impugned order is set aside with respect to them.

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