Kamal Singh @ Kamal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINALAPPEAL (SJ) No.628 of 2022 Arising Out of PS. Case No.-142 Year-2021 Thana- HASPURA District- Aurangabad ====================================================== 1.

KAMAL SINGH @ KAMAL KUMAR Son of Harinarain Prasad Singh Resident of Village - Koilwan, P.S.- Haspura, District - Aurangabad. 2.

Ladu Singh @ Vikash Kumar Son of Late Ram Narayan Prasad Singh Resident of Village - Koilwan, P.S.- Haspura, District - Aurangabad. 3.

Vivek Singh Son of Krishnakant Prasad Singh Resident of Village - Koilwan, P.S.- Haspura, District - Aurangabad. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Hiralal Chaudhary son of Ram Das Chaudhary Resident of Village - Koilwan, P.S.- Haspura, District - Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Arun Kumar Pandey For the Respondent/s :

Ms.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-01-2023 Heard learned counsel for the appellants and learned Additional Public Prosecutor for the State.

This appeal has been preferred against the order dated 01.02.2022 passed by learned 1st Additional District & Sessions Judge-cum-Special Judge (SC/ST), Aurangabad in A.B.P.

No.118 of 2022 arising out of Haspura P.S. Case No.142 2021 registered under Sections, 341, 323, 307, 504, 506/34 of the Indian Penal Code and Sections 3(i)(r)(s) (w)(i),3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act by which the prayer for anticipatory bail of the

Patna High Court CR. APP (SJ) No.628 of 2022(4) dt.20-01-2023 2/2 appellants has been rejected.

Learned counsel for the appellants submits that the appellants are innocent and have falsely been implicated in this case. There is a case and counter case between both sides and both sides have sustained injuries. The appellants have got no criminal antecedent.

Considering the aforesaid facts, let the appellants, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing personal bonds to the satisfaction of Additional District and Sessions Judge I-cum-Special Judge (SC/ST), Aurangabad in connection with A.B.P. No.118 of 2021 arising out of Haspura P.S. Case No.142 of 2021 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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

Harish/- (Arvind Srivastava, J) U T