Ramsharan Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3873 of 2018 Arising Out of PS. Case No.-64 Year-2018 Thana- MANSI District- Khagaria ======================================================

1. Ramsharan Singh Son of Late Babulal Singh. 2.Punam Devi D/o Ramsharan Singh.

3.Babita Devi, W/o Pappu Singh.

All are R/o Village-Thatha, P.S.-Mansi, District-Khagaria. ... ... Appellant/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Binod Kumar, Adv For the Respondent/s :

Mr. Binay Krishna,SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 14-12-2018 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 05.07.2018 in Special A.B.A. No.44 of 2018 arising out of Mansi P.S.Case No.64 of 2018 passed by the learned Additional Sessions Judge 1st -cum-Special Judge SC/ST, Khagaria registered under Sections 341,323,427,379,504 of the Indian Penal Code and Sections 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes Act.

For trivial dispute, general and omnibus allegation is of commission of assault and theft. Submission is that appellants have got no

Patna High Court CR. APP (SJ) No.3873 of 2018 dt.14-12-2018 2/2 criminal antecedent. False allegation is there. Both sides are neighbours and trivial dispute is there.

Considering the facts aforesaid, 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 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 Date 15.12.2018 Transmission Date 15.12.2018