Pusparanjan Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3422 of 2017 Arising Out of PS.Case No. -69 Year- 2016 Thana -SC/ST District- SASARAM (ROHTAS) ======================================================

1. Pusparanjan Singh,

2. Lok Ranjan Singh,

3. Anku Singh,

4. Atindra Kumar @ Atendra Singh, All sons of Shri Badri Nath Singh, Resident of 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 For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 31-01-2018 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail by the learned 1st Additional Sessions Judge, Rohtas at Sasaram in Dehri SC/ST P.S. Case No. 69 of 2016 registered under Sections 341, 323, 147, 149, 325, 504 of the Indian Penal Code as well as Section 3(i)(r)(s) of the SC/ST Act.

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

Patna High Court CR. APP (SJ) No.3422 of 2017 (4) dt.31-01-2018 2/2 Submission is that of false implication as well as the fact that the FIR does not disclose that the appellants were intending to humiliate a member of the schedule 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/- (rupees 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 and 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) Kundan/- U T