Chandan Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3571 of 2018 Arising Out of PS. Case No.-165 Year-2016 Thana- BHAWANIPUR District- Purnia ======================================================
1. Chandan Singh son of Late Ram Bahadur Singh.
2. Raju Singh @ Raj Kishore Singh, son of Late Ram Bahadur Singh.
3. Ritesh Singh son of Chandan Singh.
4. P.K. Singh @ Pravir Kumar Singh, son of Umes Singh, All Resident of Village- Balia, P.S.- Bhawanipur (Balia), DistrictPurnea. ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Bijendra Kumar Singh, Adv For the Respondent/s :
Mr. Sri Sadanand Paswan,SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 07-12-2018 Supplementary affidavit has been filed on behalf of the appellants.
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 16.08.2018 in A.B.P. No.60 of 2018/CIS No.60 of 2018 in connection with Special SC/ST Case No.174 of 2016 arising out of Bhawanipur P.S.Case No.165 of 2016 passed by the learned 1st Addl. Sessions Judge -cum-Special Judge SC/ST, Purnea registered under Sections 341,323,379,506,34 of the Indian Penal Code and Sections 3(i)(x) of the Scheduled Castes and Scheduled
Patna High Court CR. APP (SJ) No.3571 of 2018 dt.07-12-2018 2/2 Tribes Act.
There is case and counter case. Offences of the Indian Penal Code alleged against the appellants are bailable. Appellants have stated on oath that they have got no criminal antecedent.
Hence, 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 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 and further 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, the impugned order is set aside and this appeal stands allowed.
(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 10.12.2018 Transmission Date 10.12.2018