Satyendra Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3845 of 2018 Arising Out of PS. Case No.-18 Year-2018 Thana- SC/ST District- Sheikhpura ======================================================
1. Satyendra Singh, Son of Late Triveni Singh
2. Pampam Singh @ Pam-Pam Singh, Son of Satyendra Singh
3. Mantu Singh @ Rohit Singh, Son of Satyendra Singh, All are Resident of Village - Kusethi, P.S. Barbigha District - Sheikhpura.
... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Pankaj Kumar For the Respondent/s :
Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 17-12-2018 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 29.08.2018 in A.B.P. No. 494 of 2018 passed by the learned 1st Additional Sessions Judge-cum-Special Judge S.C./S.T. (POA) Act, Sheikhpura in connection with Sheikhpura SC/ST P.S. Case No. 18 of 2018/SC/ST Case No. 58 of 2018 registered under Sections 341, 323, 504, 506/34 of the Indian Penal Code as well as Sections 3(2)(va), 3(g)(R)(S) of the SC/ST Act.
The occurrence allegedly took place for land dispute. Offences of the Indian Penal Code alleged are bailable. Appellants have stated on oath that they have got no criminal
Patna High Court CR. APP (SJ) No.3845 of 2018 dt.17-12-2018 2/2 antecedent.
Submission was that civil suit is decided in favour of the appellants.
Considering the aforesaid fact, 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 anticipatory 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 the 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 bond of the appellants as well as condition that both the bailors shall be resident of the territorial jurisdiction of the learned court below. Accordingly, the impugned order is set aside and this appeal stands allowed.
(Birendra Kumar, J) Kundan/Ravi AFR/NAFR N.A.
CAV DATE N.A.
Uploading Date 18.12.2018 Transmission Date 18.12.2018