Rajesh Singh @ Rajesh Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4280 of 2018 Arising Out of PS. Case No.-68 Year-2017 Thana- HISUWA District- Nawada ======================================================

1. Rajesh Singh @ Rajesh Kumar S/o Devendra Singh

2. Sunil Singh, S/o Shyamdeo Singh Both are Resident of Village- Kulna, P.S.- Akbar Pur, District- Nawada.

3. Gopal Singh, S/o Ram Naresh Singh, Resident of Village- Karishobha, P.S.- Wazirganj, District- Gaya.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Arun Kumar Arun, Adv For the Respondent/s :

Mr.Sri Sadanand Paswan,SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 21-12-2018 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 01.10.2018 in A.B.P. No.1660 of 2018 passed by the learned 1st Additional Sessions Judge-cum-Special Judge SC/ST, Nawada in connection with Hisua P.S.Case No. 68 of 2017 registered under Sections 341,323,504,506/34 of the Indian Penal Code and Sections 3(i)(r) of the Scheduled Castes and Scheduled Tribes Act.

For dispute, arising out of due wages since last four years, the allegation of assault is there. The offences of the

Patna High Court CR. APP (SJ) No.4280 of 2018 dt.21-12-2018 2/2 Indian Penal Code alleged against the appellants are bailable. Appellant No.1 has got a criminal antecedent, wherein he is on police bail under Section 41(A) of the Code of Criminal Procedure.

In the circumstances, 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 22.12.2018 Transmission Date 22.12.2018