Laddu Singh @ Laddu Kumar Singh @ Anupam Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2033 of 2018 Arising Out of PS.Case No. -6 Year- 2016 Thana -MAJORGANJ District- SITAMARHI ===========================================================

1. Laddu Singh @ Laddu Kumar Singh @ Anupam Kumar, Son of Ravindra Singh @ Ravindra Kumar Singh,

2. Ravindra Singh @ Ravindra Kumar Singh, Son of Ranjeet Singh, Both are resident of Village- Majorganj, P.S.- Majorganj, District- Sitamarhi. .... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Hans Lal Kumar, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 07-08-2018 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 27.04.2018 by the learned Additional Sessions Judge-I, Sitamarhi, in A.B.P. No.772 of 2018/187 of 2018, arising out of Majorganj Police Station Case No.6 of 2016, registered under Sections 341/323/448/380/384 of the Indian Penal Code, Section 27 of the Arms Act and Section 3(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The allegation in the complaint petition is of demand of ransom by the appellants and on non-fulfillment of demand commission of abuse and assault. The complaint petition was registered as a police case and during investigation the witnesses

Patna High Court CR. APP (SJ) No.2033 of 2018 dt.07-08-2018 P2/ stated before the police that since electric wire of the appellants was crossing overhead the roof of the shop of the informant which was damaged and the appellants were suspecting that the informant had cut away the same for that reason occurrence of abuse and assault took place. The appellants have stated on oath that they have got no criminal antecedent.

Considering the suppression of real background of the occurrence by the informant, 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 Date10.08.2018 Transmission Date 10.08.2018