Hare Ram Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3742 of 2018 Arising Out of PS.Case No. -79 Year- 2010 Thana -NIMACHANDPURA District- BEGUSARAI ===========================================================
1. Hare Ram Singh, Son of Late Narsingh Singh,
2. Hari Singh @ Hare Ram Singh, Son of Bishundev Singh @ Bindeshwari Singh.
3. Saheb Singh @ Saheb Sunder Singh, Son of Late Bishundev Singh @ Bindeshwari Singh, All are resident of Village- Iniyar, P.S.- Mufassil, DistrictBegusarai. .... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Shashank Shekhar, Adv For the Respondent/s : Smt. Usha Kumari No.1, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 25-10-2018 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 against the refusal of prayer for bail by order dated 13.09.2018 in Nimachandpur P.S.Case No.79 of 2010 passed by the learned Special Judge (S.C./S.T. Act), Begusarai, registered under Sections 147, 148, 149, 504,427,307 of the Indian Penal Code, 27 of Arms Act and Section 3(x)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Though there is allegation of firing due to land dispute but the fire hit no one. The allegation is general and
Patna High Court CR. APP (SJ) No.3742 of 2018 dt.25-10-2018 2/2 omnibus.
Considering the facts aforesaid, let the appellants, above named, be released on bail on furnishing bail bond of Rs.20,000/- (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, with condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further 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.
Accordingly, the impugned order is set aside and this appeal stands allowed.
(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date26.10.2018 Transmission Date 26.10.2018