Ladu @ Ladu Kumar @ Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.846 of 2020 Arising Out of PS. Case No.-34 Year-2018 Thana- RAJAOLI District- Nawada ====================================================== 1.

LADU @ LADU KUMAR @ SUMIT KUMAR Son of Subodh Singh Resident of Village - Karigaanw, P.S.- Rajauli, District- Nawada 2.

Danu Kumar @ Pranu Kumar Son of Sanjay Singh @ Ranjay Singh Resident of Village - Karigaanw, P.S.- Rajauli, District- Nawada ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Hansraj For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-03-2021 Heard both sides.

The appellants filed this appeal under Section 14 (A)

(2) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) against the order dated 04.01.2020 passed by the learned Additional Sessions Judge-I-cum-Special Judge, SC/ST Act, Nawada in ABP No. 1586/2019 by which the learned Special Judge rejected the prayer for anticipatory bail of the appellants in Special Case No. 17/2018, arising out of Rajauli PS case No. 34/2018, registered under Section 147, 148, 149, 341, 323, 337, 307, 504, 353 the IPC and u/s 3(i) (r)of the SC/ST Act and for grant of anticipatory bail. The informant, a police officer, alleged that while he

Patna High Court CR. APP (SJ) No.846 of 2020(2) dt.10-03-2021 2/3 had gone to investigate a case five named and 20 unknown accused persons abused and assaulted the informant. The learned counsel for the appellants submits that the appellants are not named in the FIR. Three named accused persons, namely, Rupesh Singh, Santu Singh and Suraj Singh have already been granted anticipatory bail by a co-ordinate Bench of this court vide order passed in Cr. Appeal (SJ) No. 1162/2018 and the case of appellants stands on better footing. The learned Spl. P. P. however opposed the prayer for anticipatory bail but did not dispute the facts. Taking into consideration the facts aforesaid, I find that the appellants deserve anticipatory bail. Accordingly, this appeal is allowed and the impugned order dated 04.01.

2020 passed by the learned Additional Sessions Judge-I-cum-Special Judge, SC/ST Act, Nawada in ABP No. 1586/2019 is set aside. The appellants, above named, in the event of their arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order are directed to be enlarged on bail on their furnishing bail bond of Rs.

Patna High Court CR. APP (SJ) No.846 of 2020(2) dt.10-03-2021 3/3 with Special Case No. 17/2018, arising out of Rajauli P.S. case No. 34/2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T