Lalan Singh @ Lalan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2550 of 2021 Arising Out of PS. Case No.-313 Year-2019 Thana- AMNAUR District- Saran ====================================================== 1.

Lalan Singh @ Lalan Kumar Singh, Son of Sita Singh @ Sita Ram Singh 2.

Madho Singh, Son of Late Prem Lal Singh 3.

Sonu Singh @ Sonu Kumar, Son of Chhathu Singh 4.

Tutu Singh, Son of Chhathu Singh All are resident of Village- Parshurampur, P.S.- Amnour, District- Saran at Chapra.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Dewendra Narayan Singh, Adv.

For the Respondent/s :

Mr. Sadanand Paswan, Spl. P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 20-07-2021 Heard Mr. Dewendra Narayan, the learned Advocate for the appellants and the learned Special Public Prosecutor for the State.

The appellants have challenged the order dated 16.03.2021 passed by the learned 1st Addl. Sessions JudgeCum-Special Judge, SC/ST (POA) Act, Saran at Chapra in

Patna High Court CR. APP (SJ) No.2550 of 2021(2) dt.20-07-2021 2/3 connection with Amnour P.S. Case No. 313 of 2019, instituted for the offences under Sections 341, 323, 324, 504 and 506/34 of the Indian Penal Code and Section 3(i) (X) of the S.C./S.T. (Prevention of Atrocities) Act, 1989, whereby their prayer for grant of anticipatory bail has been rejected.

It has been alleged that the appellants have abused the informant and one Om Prakash Singh as well as Jitendra Singh, who had come to the rescue of the informant where he was being subjected to such ignominy and assault. The learned counsel for the appellants has submitted that the informant is none else but the labourer of aforesaid Om Prakash Singh with whom the appellants are on litigating terms from before. It has further been submitted that a proceeding under Section 144 of the Cr.P.C. has also been contested between the parties. Considering these aspects of the matter, it has been submitted that the appellants were granted police bail during the course of investigation and they have never misused such privilege all this while.

Patna High Court CR. APP (SJ) No.2550 of 2021(2) dt.20-07-2021 3/3 Regard being had to the facts afore-stated, this appeal is being disposed off with a direction that in case the appellants surrender before the Court below and seek bail, their application shall be considered on its own merits, taking into account the afore-noted facts and that they have never misused the privilege of police bail all this while. The Court below shall pass orders in accordance with law without being prejudiced by the fact that the present appeal on their behalf has not been entertained by this Court.

The appeal stands disposed off accordingly.

(Ashutosh Kumar, J) Praveen-II/- U T