Manoj Singh @ Manoj Kumar Ram And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.799 of 2018 Arising Out of PS.Case No. -45 Year- 2017 Thana -SC/ST District- SASARAM (ROHTAS) ======================================================

1. Manoj Singh @ Manoj Kumar Ram, S/o Uma Singh, R/o VillageDhobdihan, P.S.- Nasriganj, District- Rohtas.

2. Sita Ram @ Sita Ram Singh S/o Late Basawan Ram, R/o VillageParasia, P.S.- Karakat, District- Rohtas (Sasaram).

3. Santosh Singh,

4. Chandan Singh Both Sons of Sri Baban Singh,

5. Baban Singh @ Baban,

6. Lalan Singh Both Sons of Late Moti Singh,

7. Vishal Singh @ Vishal,

8. Rabindra Singh Both Sons of Lalan Singh, All R/o Village- Dhobdihan, P.S.- Nasriganj, District- Rohtas.

.... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Aditya Narayan Singh-1, Advocate For the Respondent/s : Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-04-2018 Heard learned counsel for the parties.

This is an appeal under Section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for anticipatory bail by the learned 1st Additional Sessions Judge, Rohtas at Sasaram, in connection with SC/ST Dehri Police Station Case No.45 of 2017 registered under Sections 147/148/149/341/323/379/504/506 of the Indian Penal Code and Section 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The dispute allegedly arose due to some encroachment

Patna High Court CR. APP (SJ) No.799 of 2018 (3) dt.10-04-2018 P2/ on the drain by the informant, which would be evident from the enclosed annexure, which are informatory petitions, filed by the villagers as well as individuals on account of the aforesaid acts of the informant. There is general and omnibus allegation of abuse and assault as well as theft.

Considering the back ground and nature of allegation, 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 bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each 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 the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that 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 the appeal is allowed.

(Birendra Kumar, J) Mkr./- U T