Sudhir Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3579 of 2017 Arising Out of PS.Case No. -246 Year- 2017 Thana -MAHUA District- VAISHALI(HAJIPUR) ====================================================== Sudhir Singh Son of Sri Ram Babu Singh Resident of village- Mirza Nagar, P.S.- Mahua, District- Vaishali.

.... .... Appellant

Versus

The State of Bihar .... .... Respondent ====================================================== Appearance :

For the Appellant/s : Mr.Ajay Kumar Thakur, Adv. : Mr. Amit Kumar, Adv.

: Mr.Shashank Shekhar, Adv.

For the Respondent/s : Mr. Sri Sadanand Paswan, SPP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 02-02-2018 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 Additional Sessions Judge 1st-cumSpecial Judge, SC/ST Act, Vaishali at Hajipur in connection with Mahua P.S.Case No. 246 of 2017 registered under Sections 147,149,341,323,353,506,504 of the Indian Penal Code as well as under Sections 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes Act.

That appellant was identified among the mob on the basis of photographs and C.C.T.V. footage, which was protesting against police administration. There is general

Patna High Court CR. APP (SJ) No.3579 of 2017 (3) dt.02-02-2018 and omnibus allegation of obstruction in discharging official duty as well as abuse and assault.

Considering the nature of allegation aforesaid, 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 anticipatory bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) 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 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 this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- U T