Pappu Singh @ Pappu Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.411 of 2017 Arising Out of PS.Case No. -243 Year- 2016 Thana -RAJAULI District- NAWADA ======================================================

1. Pappu Singh @ Pappu Kumar Singh S/o Madan Singh @ Bhadan Singh, Resident of Village-Radhey Bigha (Bharrara), P.S. Rajauli, District-Nawada.

.... .... Appellant/s

Versus

1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Devendra Prasad Singh, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-12-2017 Heard learned counsel for the parties.

This is an appeal under Section 14(A)(2) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 against the refusal of prayer for anticipatory bail by the learned 1st Additional Sessions Judge-cum-Special Judge (S.C./S.T. Act), Nawada, in Rajauli Police Station Case No.243 of 2016 registered under Sections 341/323/325/379/504/34 of the Indian Penal Code and Sections 3(i) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The appellant had taken loan from the informant and for that reason the appellant and others are alleged to have assaulted to the informant. Specific allegation of hurling abuse by taking caste name is against co-accused Arjun Yadav.

Patna High Court CR. APP (SJ) No.411 of 2017 (9) dt.15-12-2017 P2/ Perused the order of the Division Bench whereby reference was answered on 09.08.2017 vide Order No.8. Considering the fact that no prima facie case is made out against the appellant under SC/ST Act, let the appellant, above named, in the event of his 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/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Rajauli Police Station Case No.243 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the appellant 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 appellant.

Accordingly, the appeal stands allowed.

(Birendra Kumar, J) Mkr./- U T