Anil Kumar Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3328 of 2018 Arising Out of PS. Case No.-199 Year-2016 Thana- CHAPRA TOWN District- Saran ======================================================

1. Anil Kumar Singh, son of Dharamnath Singh

2. Chhotu Singh, son of Anil Kumar Singh

3. Kiran Devi, wife of Anil Kumar Singh, All are residents of village - Dahiyawan Tola, P.S. - Chapra Town, District - Saran. ... ... Appellant/s

Versus

The State of Bihar.

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

For the Appellant/s :

Mr. Niranjan Kumar, Advocate For the Respondent/s :

Mr. Sadanand Paswan, SPP-246 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 11-10-2018 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail vide order dated 01.08.2018 passed by the learned 1st Additional Sessions Judge, Saran at Chapra in A.B.P. No.2033 of 2018, arising out of Chapra Town Police Station Case No.199 of 2016 registered under Sections 341, 323, 506 of the Indian Penal Code and Section 3 (i) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

The complaint based F.I.R. would reveal that offences of the Indian Penal Code alleged against the appellants are

Patna High Court CR. APP (SJ) No.3328 of 2018 dt.11-10-2018 2/2 bailable. The appellants have stated on oath that they have got no criminal antecedent.

Hence, 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 bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) each 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 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 bonds of the appellants.

Accordingly, the impugned order is set aside and this appeal stands allowed.

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