Abhisek Kumar Singh @ Abhisekh Kumar Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3079 of 2018 Arising Out of PS.Case No. -9 Year- 2018 Thana -SC/ST District- SHEOHAR ===========================================================

1. Abhisek Kumar Singh @ Abhisekh Kumar Singh

2. Aniket Kumar Singh @ Amiket Kumar Singh, Both are sons of Sudhir Singh @ Sudhir Kumar Singh, resident of Village Barahi Jagdish, Police Station - Purnahia, District - Sheohar .... .... Appellant/s

Versus

The State of Bihar.

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

For the Appellant/s : Mr. Uday Kumar For the Respondent/s : Mrs. Usha Kumari No.-1, SPP-247 =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 04-10-2018 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 31.07.2018 in A.B.P. No. 275 of 2018 passed by the learned 1st Additional District and Sessions Judge-cumSpecial Judge S.C./S.T. (POA) Act, Sheohar in connection with Sheohar S.C./S.T. P.S. Case No. 09 of 2018 registered under Sections 341, 323, 504, 506, 379/34 of the Indian Penal Code as well as Sections 3(i) (r) (s), 3(2) (va) of the SC/ST Act.

For dispute arising out of not giving pass over to the vehicle of the appellants, there is general and omnibus allegation of commission of abuse and assault by taking caste name.

Patna High Court CR. APP (SJ) No.3079 of 2018 dt.04-10-2018 2/2 Learned Special Public Prosecutor opposed the prayer for bail.

Considering the background of allegation as well as case and counter case between the parties, who have got no criminal antecedent, 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 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 as well as condition that both the bailors shall be resident of within the territorial jurisdiction of the learned court below.

Accordingly, the impugned order is set aside and this appeal stands allowed.

(Birendra Kumar, J) Kundan/- AFR/NAFR N.A.

CAV DATE N.A.

Uploading Date 06.10.2018 Transmission Date 06.10.2018