Rahul Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.631 of 2018 Arising Out of PS.Case No. -58 Year- 2017 Thana -KAHALGAON District- BHAGALPUR ======================================================

1. Rahul Kumar, S/o Mani Kant Singh, R/o Village- Sakrama, P.S.- Sanhaulla, District- Bhagalpur.

2. Ram Kumar Singh @ Ram Kumar S/o Kalyug Mandal @ Kalyug Pd. Mandal,

3. Kalyug Mandal @ Kalyug Pd. Mandal S/o Dirgh Gopal Mandal, Both (2&3) R/o Village- Sadanandpur Baisa, P.S.- Kahalgaon, DistrictBhagalpur. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Manohar Prasad Singh, Advocate For the Respondent/s : Mr. Usha Kumari No-1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-03-2018 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 4th Additional Sessions Judge-cum-Special Judge, Bhagalpur, in Kahalgaon Police Station Case No.58 of 2017 registered under Sections 341/323/307/379/504/506/34 of the Indian Penal Code and Section 3(i)(r)(z) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

There is general and omnibus allegation of commission of assault and theft as well as humiliation of the informant by

Patna High Court CR. APP (SJ) No.631 of 2018 (3) dt.22-03-2018 P2/ taking his caste name.

Considering the general and omnibus 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