Bhanu Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2731 of 2018 Arising Out of PS.Case No. -null Year- null Thana -null District- SARAN ===========================================================

1. Bhanu Singh, Son of Lalbabu Singh,

2. Chandan Kumar Singh @ Chandan Singh, Son of Late Bhola Singh.

3. Vikash Kumar Singh, Son of Mritunjay Singh.

4. Lallan Kumar Singh @ Lallan Singh, Son of Surendra Singh,

5. Ranjan Kumar Singh @ Ranjan Singh, Son of Paras Nath Singh, All resident of Village- Basdila, Police Station- Jalalpur, District- Saran. .... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Subodh Kumar Mishra, Advocate For the Respondent/s : Mrs. Usha Kumari No.1, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 24-08-2018 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 28.06.2018 passed by the learned 1st Additional Sessions Judge, Saran at Chapra, in A.B.P. No.1721 of 2018, arising out of Jalalpur Police Station Case No.59 of 2018, registered under Sections 147/149/341/353/504/506/337/427 of the Indian Penal Code and Sections 3(i)(r)/3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

A mob had blocked the road when the police went for

Patna High Court CR. APP (SJ) No.2731 of 2018 dt.24-08-2018 P2/ removal of the blockade, the mob abused the informant, who is Officer-in-Charge of the police station, by taking his caste name. Allegation is general and omnibus against the appellants also. The appellants have stated on oath that they have got no criminal antecedent.

Considering the nature and background of allegation, 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. Accordingly, the impugned order is set aside and the appeal is allowed.

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date28.08.2018 Transmission Date 28.08.2018