Kishan Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2419 of 2018 Arising Out of PS.Case No. -86 Year- 2018 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ===========================================================

1. Kishan Kumar, S/o Pappu Rai,

2. Ajay Kumar S/o Nanhak Rai,

3. Amit Kumar S/o Nanhak Rai,

4. Samoj Kumar & Saroj Kumar S/o Munsi Rai,

5. Indramani Kumar S/o Upendra Rai, All are R/o Vill.- Ismailpur, P.S.- Hajipur Sadar, District- Vaishali.

.... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Anirudh Kumar Sinha, Advocate For the Respondent/s : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 10-09-2018 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 anticipatory bail vide order dated 17.05.2018 passed by the learned Additional Sessions Judge-I, Vaishali at Hajipur, in A.B.P. No.731 of 2018, arising out of Hajipur Sadar Police Station Case No.86 of 2018, registered under Sections 147/148/341/323/447/448/354/380/436/427/504/506 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3(i)(x) of the

Patna High Court CR. APP (SJ) No.2419 of 2018 dt.10-09-2018 P3/2 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Ashok Rai, uncle of appellant Nos.1 and 2, had lodged Vaishali Sadar P.S. Case No.85 of 2018, against son of the informant of this case, alleging therein that Kunal Kumar son of the informant of this case has caused fire-arm injury. Thereafter, the present FIR has been lodged with general and omnibus allegation that all the accused entered into the house of the informant, ransacked the house-hold articles and committed mischief by fire.

Considering the background of allegation, chances of mala fide prosecution cannot be ruled out for the purpose of consideration of anticipatory bail, 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/- (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.

Patna High Court CR. APP (SJ) No.2419 of 2018 dt.10-09-2018 P3/3 Accordingly, the impugned order is set aside and the appeal is allowed.

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date12.09.2018 Transmission Date 12.09.2018