Ajay Singh @ Ajay Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.63 of 2019 Arising Out of PS. Case No.-66 Year-2017 Thana- KARAKAT District- Rohtas ====================================================== 1.

Ajay Singh @ Ajay Yadav and Anr son of Late Lakshman Singh @ Lakshman Yadav Resident of Village-Dharamghat Parasiya, P.S. Karakat,District-Rohtas 2.

Sonu Kumar@ Sonu Singh Son of Ajay Singh @ Ajay Singh Yadav Residents of village- Dharamghat Parasiya, P.S. - Karakat, district- Rohtas. ... ... Appellant/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Rajesh Kumar Singh For the Respondent/s :

Mr.Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 20-06-2019 Heard learned counsel for the parties.

This appeal under Section 14A(2) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been directed against the order dated 21.08.2018 passed by learned Additional District and Sessions Judge-1st, Rohtas at Sasaram in connection with Karakat P.S. Case No. 66 of 2017 registered under Sections 341, 323, 504, 506 and 307/34 of the Indian Penal Code and Section 3(x)(i) of SC/ST (POA) Act, whereby the prayer for pre-arrest bail of the appellants has been rejected.

Learned counsel appearing for the appellants submits that the appellants are innocent and have not committed any offence. In fact, the specific allegation of assault with lathi is

Patna High Court CR. APP (SJ) No.63 of 2019 dt.20-06-2019 2/2 attributed to co-accused, Vijay Singh. So far allegation punishable under Section SC/ST Act is concerned, no specific case is made out against the appellants. Hence, the appellants may be granted the privilege of pre-arrest bail.

Considering the facts and circumstances of the case, let the above named appellants in the event of their surrender within a period of four weeks be released on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-1st, Rohtas at Sasaram in connection with Karakat P.S. Case No. 66 of 2017 subject to the conditions laid down under Section 438(2) of the Cr.P.C. Accordingly, this appeal is allowed and the impugned order is set aside.

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