Vijay Singh @ Vijay Kumar Singh v. The State Of Bihar, Through The Special P.P., S.C. And S.T. Prevention Of Atrocities Act

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1638 of 2018 Arising Out of PS.Case No. -11 Year- 2018 Thana -DARAUNDHA District- SIWAN ===========================================================

1. Vijay Singh @ Vijay Kumar Singh, Son of Late Vikrama Singh, resident of Village- Gorauli, (Ramgardha), P.S.- Daraundha, District- Siwan. .... .... Appellant/s

Versus

1. The State of Bihar, through the Special P.P., S.C. & S.T. (Prevention of Atrocities) Act.

.... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Sanjay Kumar Singh, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 15-05-2018 Heard learned counsel for the parties.

This is an appeal under Section 14(A)(2) 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-cum-Special Judge, Siwan, in Daraunda Police Station Case No.11 of 2018 registered under Sections 341/323/324/307/294/506/34 of the Indian Penal Code and Sections 3(i) (r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The FIR reveals that the appellant was a conspirator of the occurrence of assault, which was directly committed by other named

Patna High Court CR. APP (SJ) No.1638 of 2018 dt.15-05-2018 P2/ persons.

Considering the nature of allegation, let the appellant, above named, in the event of his 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) 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 appellant 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 appellant. Accordingly, the impugned order is set aside and appeal stands allowed.

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date16.05.2018 Transmission Date 16.05.2018