Bhola Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3040 of 2018 Arising Out of PS. Case No.-37 Year-2018 Thana- CHAKAND District- Gaya ====================================================== Bhola Singh son of Ram Bilas Singh resident of village - Rasalpur, P.S. - Chakand, District - Gaya.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Nagendra Kumar Singh For the Respondent/s :
Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 06-12-2018 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 order dated 19.06.2018 in A.B.P. No.129 of 2018 passed by the learned Exclusive Special Judge, SC/ST Gaya in connection with Chakand P.S.Case No. 37 of 2018 registered under Sections 147,148,341,342,323,353,307,504 of the Indian Penal Code as well as under Sections 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes Act.
A crowd had blocked the road traffic, the police had gone to remove the blockade. Allegation is that the informant, who is a Sub Inspector of Police, was
Patna High Court CR. APP (SJ) No.3040 of 2018 dt.06-12-2018 2/2 abused by taking caste name and occurrence of assault was also committed. The allegation is general and omnibus. Appellant has stated on oath that he has got no criminal antecedent.
Considering the aforesaid fact, 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 anticipatory bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) 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 and further the appellant 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 appellant. Accordingly, the impugned order is set aside and this appeal stands allowed.
(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 07.12.2018 Transmission Date 07.12.2018