Shambhu Sharan Singh @ Butai Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2617 of 2018 Arising Out of PS.Case No. -3 Year- 2017 Thana -SC/ST District- AURANGABAD ===========================================================

1. Shambhu Sharan Singh @ Butai Singh, Son of Late Tileshwar Singh,

2. Lalsa Prasad Singh @ Lalsa Singh, Son of Late Tileshwar Singh.

3. Hari Shankar Singh, Son of late Tileshwar Singh,

4. Ranjan Kumar @ Ranjan Singh, Son of Butai Singh @ Shambhu Sharan Singh. All resident of Village- Aancha, P.S.- Daudnagar, District- Aurangabad (Bihar). .... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Leelawati Kumari, Adv For the Respondent/s : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 18-08-2018 Heard learned counsel for the parties.

This is an appeal under Sections 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, against refusal of the prayer for anticipatory bail by order dated 26.06.2018 passed by the learned 1st Additional Sessions Judge-cum-Special Judge SC/ST Act, Aurangabad in connection with SC/ST Case No. 03 of 2017 registered under Sections 341,323,504/34 of the Indian Penal Code and Sections 3(i)(r)3(i)(s)3(2)(va) of the Scheduled Castes and Scheduled Tribes Act.

The offences alleged under the Indian Penal Code are

Patna High Court CR. APP (SJ) No.2617 of 2018 dt.18-08-2018 2/2 bailable. The allegation is general and omnibus. Hence, 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 anticipatory bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of 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 and both bailors shall be resident of territorial jurisdiction of the learned court below and further 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 this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date20.08.2018 Transmission Date 20.08.2018