Shashi Singh @ Shashi Bhushan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2874 of 2018 Arising Out of PS. Case No.-96 Year-2018 Thana- DIGHWARA District- Saran ====================================================== Shashi Singh @ Shashi Bhushan Singh, Son of Late Ram Nagina Singh @ Nagina Singh, resident of Village- Kanakpur, P.S. Dighwara, District- Saran at Chapra.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Pushpendra Kumar Singh For the Respondent/s :

Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 31-08-2018 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) Amendment Act, 2015 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail vide order dated 27.06.2018 passed by the learned 1st Additional Sessions Judge, Saran at Chapra in A.B.P. No.1959 of 2018, arising out of Dighwara Police Station Case No.96 of 2018 registered under Sections 341, 323, 354, 379, 504/34 of the Indian Penal Code and Sections 3 (i)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The appellant had ploughed the field of the informant with a tractor for which Rs.400/- (Rupees Four Hundred) was

Patna High Court CR. APP (SJ) No.2874 of 2018 dt.31-08-2018 2/2 charged and was due with the informant. The appellant asked for the money and for that reason allegation is of commission of abuse and assault. The appellant has got no criminal antecedent. Considering the background and nature of dispute, let the appellant, above named, in the event of his 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 bond of Rs.20,000/- (Rupees Twenty Thousand) 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 conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the appellant shall fully co-operate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant. Accordingly, the impugned order is set aside and this appeal stands allowed.

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