Sachin Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2767 of 2019 Arising Out of PS. Case No.-37 Year-2018 Thana- CHAKAND District- Gaya ====================================================== SACHIN SINGH S/o Ramakant Singh R/o Village- Powa, P.S.- Fatehpur, District- Gaya ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Ajay Kumar Sinha For the Respondent/s :
Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 07-08-2019 Heard learned counsel for the appellant and learned Spl. PP for the State.
This is an appeal under Section 14(A)(2) of the SC/ST Act against the refusal of prayer for anticipatory bail vide order dated 18.04.2019 passed by learned Exclusive Special Judge, SC/ST, Gaya in Chakand P.S. Case No. 37 of 2018 registered under Sections 341, 342, 323, 353, 307 and 504 of the Indian Penal Code and Section 3(i)(r)(s) of the SC/ST Act. Appellant along with 5-6 other accused persons are said to have blocked the road and when the informant along with police personnel tried to persuade them to lift the blockade they slated him in the name of his caste and made attack on them by means of lathi.
Patna High Court CR. APP (SJ) No.2767 of 2019(3) dt.07-08-2019 2/3 It is submitted by learned counsel for the appellant that the appellant has no concern with the aforesaid occurrence. He has been falsely implicated in the case due to dirty village politics. The allegation levelled against the appellant is not specific rather general and omnibus in nature. None has sustained any injury in the occurrence. Appellant has no criminal antecedent. Similarly situated co-accused namely Bhola Singh has been enlarged on anticipatory bail by a coordinate Bench of this Court vide order dated 06.12.2018 passed in Cr. Appeal (SJ) No. 3040 of 2018.
Learned Spl. PP for the State opposed the prayer for bail.
Having regard to the facts and circumstances of the case, let the above named appellant, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, SC/ST, Gaya in connection with Chakand P.S. Case No. 37 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
Accordingly, the impugned order is set aside and
Patna High Court CR. APP (SJ) No.2767 of 2019(3) dt.07-08-2019 3/3 appeal is allowed.
(Prakash Chandra Jaiswal, J) mantreshwar/- U T