Satyendra Prasad Singh @ Satyendra Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.3058 of 2018 Arising Out of PS. Case No.-443 Year-2016 Thana- SONEPUR District- Saran ======================================================
1. Satyendra Prasad Singh @ Satyendra Singh,
2. Devendra Singh, Both the S/o Late Singheshwar Singh, resident of Village- Baijalpur Keshaw, Naya Tola, P.S.- Sonpur, DistrictSaran at Chhapra.
3. Sushil Kumar Singh @ Sushil Singh, S/o Satyendra Prasad Singh, R/o Village- Baijalpur Keshaw, Naya Tola, P.S.- Sonpur, District- Saran at Chhapra.
... ... Appellant/s
Versus
The State of Bihar.
... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Kumar Dhananjay Singh For the Respondent/s :
Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 06-10-2018 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 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail vide order dated 16.07.2018 passed by the learned 1st Additional Sessions Judge, Saran at Chhapra A.B.P. No.1711 of 2018, arising out of Sonpur Police Station Case No.443 of 2016, corresponding to G.R. No.7559 of 2016 registered under Sections 341, 323, 379, 504/34 of the Indian Penal Code and Sections 3 (i) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Patna High Court CR. APP (SJ) No.3058 of 2018 dt.06-10-2018 2/2 Submission of the learned counsel for the appellants is that in the year 1981 itself, father of the informant had sold the land through registered sale deed in the name of the wife of the appellant No.1 and that land is bone of contention and for that reason false allegation is there to have committed assault, abuse and theft. The appellants have got no criminal antecedent.
Considering the aforesaid facts, 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/- (Rupees 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 conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the appellants shall fully co-operate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the appellants. Accordingly, the impugned order is set aside and this appeal stands allowed.
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