Sujeet Kumar Singh @ Surjeet Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.261 of 2018 Arising Out of PS.Case No. -35 Year- 2017 Thana -NAVHATTA District- SASARAM (ROHTAS) ======================================================

1. Sujeet Kumar Singh @ Surjeet Singh,

2. Indrajeet Singh Both are Sons of Sri Amar Singh,

3. Amar Singh @ Amarnath Singh S/o Late Bhagru Singh, All are R/o Village- Anandi Chak, P.S.- Nauhatta, District- Rohtas (Sasaram). .... .... Appellants

Versus

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

For the Appellant/s : Mr. Nandlal Kumar Singh, Adv. For the Respondent/s : Mr. Sri Sadanand Paswan, SPP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-02-2018 Heard learned counsel for the parties.

This is an appeal under Sections 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, against refusal of the prayer for anticipatory bail by the learned Additional Sessions Judge, Rohtas at Sasaram in connection with Nauhatta P.S.Case No. 35 of 2017 registered under Sections 341, 323,353,504/34 of the Indian Penal Code as well as under Sections 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes Act.

The FIR does not disclose specific allegation against any of the appellants of commission of any offence under the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The allegation is general

Patna High Court CR. APP (SJ) No.261 of 2018 (3) dt.16-02-2018 and omnibus and there is no material that the appellants had prior meeting of mind to humiliate a member of the scheduled caste.

Therefore, the appellants deserve anticipatory bail.

Accordingly, 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, are directed to be released on anticipatory bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of 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, this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- U T