Pintu Singh @ Manoranjan Kumar Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.830 of 2018 Arising Out of PS.Case No. -69 Year- 2016 Thana -SC/ST District- SASARAM (ROHTAS) ======================================================

1. Pintu Singh @ Manoranjan Kumar Singh, S/o Shri Badrinath Singh,

2. Akhilesh Singh @ Akhilesh Kumar Singh, S/o Late Sukhdeo Singh, Both R/o Village- Kaithi, P.S.- Kachchhawa, District- Rohtas. .... .... Appellant/s

Versus

1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Dineshwar Mishra, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-03-2018 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 against the refusal of prayer for anticipatory bail by the learned Additional Sessions Judge, Rohtas at Sasaram, in Dehri SC/ST Police Station Case No.69 of 2016 registered under Sections 341/323/147/149/325/504 of the Indian Penal Code and Sections 3(i) (r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

For old dispute relating to land between the parties, the allegation is that the appellants allegedly assaulted to the informant and others.

Submission is of false implication as well as the fact

Patna High Court CR. APP (SJ) No.830 of 2018 (2) dt.23-03-2018 P2/ that the FIR does not disclose that the appellants were intending to humiliate a member of the scheduled caste.

Considering the facts aforesaid and finding substance in the submission of the learned counsel for the appellants, let the appellants, above named, in the event of their 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 bonds of Rs.20,000/- (Twenty Thousand) each 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 the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the appellants 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 appellants.

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

(Birendra Kumar, J) Mkr./- U T