Manoj Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.330 of 2018 Arising Out of PS.Case No. -165 Year- 2014 Thana -KHIJARSARAI District- GAYA ======================================================
1. Manoj Kumar, Son of Late Ram Dahin Singh, Resident of VillageIsmailpur, P.S.- Khizarsarai, District- Gaya.
2. Gopal Prasad @ Gopal Prasad Yadav, Son of Late Mahabir Prasad Yadav, Resident of Village- Tarka, P.S. Khizarsarai, District Gaya.
3. Raju Prasad @ Raju Singh, Son of Ram Kishun Singh, Resident of Village- Tarka, P.S. Khizarsarai, District Gaya.
4. Kaushlendra Singh @ Kaushlendra Kumar Singh, Son of Late Saryu Prasad Singh, Resident of Mohalla- Raj Colony, Maharani Road, P.S. Kotwali, District- Gaya.
5. Mananjay Singh @ Manoranjan Singh, Son of Late Brahamdeo Prasad Singh, Resident of Village- Nagriawan, P.S. Khizarsarai, District Gaya. .... .... Appellant/s
Versus
1. The State of Bihar. .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Ramashish, Adv. For the Respondent/s : Mr. Sri Sadanand Paswan, SPP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-03-2018 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 the learned Special Judge, (SC/ST), Gaya in connection with Khizarsarai P.S.Case No. 165 of 2014 registered under Sections 147,148,341,354,504,379 of the Indian Penal Code as well as under Sections 3(i)(x) of the Scheduled Castes and Scheduled Tribes Act.
The appellants are office-bearers and employees of the Tec-Bio Products Pvt. Ltd. Company. The said
Patna High Court CR. APP (SJ) No.330 of 2018 (4) dt.27-03-2018 company had purchased the land from Munna Manjhi and others through registered sale deed dated 09.04.2013. Thereafter, the appellants had gone to put boundary wall on the land, the informant obstructed saying that the land is of the informant and in the aforesaid background, occurrence of assault and abuse is there which is general and omnibus. There is counter case also.
Considering the entire facts, 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 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, this appeal stands allowed.
(Birendra Kumar, J) Nitesh/- U T