Ujjwal Abhisekh Kumar Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.139 of 2019 Arising Out of PS. Case No.-157 Year-2018 Thana- DARAUNDA District- Siwan ======================================================
1. Ujjwal Abhisekh Kumar Singh and Ors Nagendra Singh Village- Sherpur, PSDaraunda, Distt- Siwan
2. Sonu Kumar Singh Ramesh Kumar Singh Village- Sherpur, PS- Daraunda, Distt- Siwan
3. Vikash Kumar Singh @ Vikash Kumar Chandra Bhan Singh Village- Sherpur, PS- Daraunda, Distt- Siwan
4. Deepak Kumar Singh Ramadhar Singh Village- Sherpur, PS- Daraunda, DisttSiwan
5. Chandrabhan Singh Late Baijnath Singh Village- Sherpur, PS- Daraunda, Distt- Siwan
6. Golu Kumar Vineet Kumar Singh Village- Sherpur, PS- Daraunda, DisttSiwan ... ... Appellant/s
Versus
The State of Bihar Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Ajay Kumar Pandey For the Respondent/s :
Mr.Smt Usha Kumari No ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 24-01-2019 Heard the parties.
By way of this memo of appeal, preferred under Section 14(A) of the Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act, 1989, appellants seek for setting aside the order dated 30.11.2018 passed in Daraunda P.S.Case No.157 of 2018 for the offences punishable under Sections 147, 149, 341, 323, 324, 325, 354, 379, 504 of the Indian Penal Code and Section 3(i)(r)(s)/3(2)(v) of SC/ST Act by the learned Addl. Sessions Judge-1st cum Special Judge, Siwan whereby and whereunder, the appellant's application for grant of anticipatory bail has been rejected. Allegation against the appellants is of abusing the husband of the informant by caste name and also assaulted him, causing injury.
Patna High Court CR. APP (SJ) No.139 of 2019 dt.24-01-2019 2/2 Submission of the learned counsel for the appellant is that prior lodging of this case a case had been lodged by the appellants side for the fact that appellants side has also received stab injuries and to save their skin, the present case has been lodged.
Heard learned Special P.P. also.
Having heard both sides, considering the facts and circumstances of the case, this appeal is allowed and the impugned order is set aside, let the appellant, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge Ist cum Special Judge, Siwan in connection with Anticipatory bail application No.1609 of 2018 and Anticipatory bail application No.2130 of 2018 arising out of Daraunda P.S.Case No.157 of 2018 , subject to condition as laid down under Section 438 of Cr.P.C.
chn/- (Vinod Kumar Sinha, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 28.1.2019 Transmission Date 28.1.2019