Achchata Nand Singh @ Achutanand Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.457 of 2018 Arising Out of PS.Case No. -1 Year- 2018 Thana -NARDIGANJ District- NAWADA ======================================================
1. Achchata Nand @ Achuta Nand Singh, S/o Late Basudev Narayan Singh.
2. Sunil Singh @ Bulli, S/o Achchata Nand @ Achuta Nand Singh.
3. Rahul Kumar, S/o Sunil Singh @ Bulli.
4. Roshan Kumar, S/o Sunil Singh @ Bulli, All resident of VillagePadariya Road Bazar, P.S.- Nardiganj, District- Nawada. .... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Lakshmi Kant Sharma, Advocate For the Respondent/s : Mr. Sadanand Paswan, 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 Additional Sessions Judge 1st -cum-Special Judge, Nawada, in Nardiganj Police Station Case No.1 of 2018 registered under Sections 341/323/307/337/338/353/34 of the Indian Penal Code and Sections 3(1) (q) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The police is informant of this case. In the wee-hours of the night, the house of the appellants was raided and the allegation is that the appellants abused the informant by taking his
Patna High Court CR. APP (SJ) No.457 of 2018 (3) dt.22-03-2018 P2/ caste name.
Submission is that son of the appellant No.1 is an advocate and he had protested against the conduct of the police in raiding the house in the night without permission and opportunity to the female members to recede.
Considering the 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