Banshidhar Singh @ Banshi Dhar Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.4153 of 2018 Arising Out of PS. Case No.-1 Year-2018 Thana- SC/ST District- Rohtas ======================================================
1. Banshidhar Singh @ Banshi Dhar Singh Son of Rama Kant Singh @ Ramakant Singh @ Rama Kant Rai @ Ramakant Rai.
2. Vishnu Shnaker Singh @ Vishnu Shankar Singh, Son of Sri Banshidhar Singh @ Banshi Dhar Singh.
3. Uma Shanker Singh @ Uma Shankar Singh @ Aku Singh, Son of Sri Murlidhar Singh @ Murli Dhar Singh.
4. Shakti Shanker Singh @ Shakti Shankar Singh @ Hanuman Singh, Son of Sri Murlidhar Singh @ Murli Dhar Singh.
5. Bhola Shanker Singh @ Bhola Shankar Singh @ Bhola Singh, Son of Sri Banshidhar Singh @ Banshi Dhar Singh.
6. Murlidhar Singh @ Murli Dhar Singh, Son of Rama Kant Singh @ Ramakant Singh @ Rama Kant Rai @ Ramakant Rai.
7. Shubham Singh, Son of Pintu Singh.
8. Labham Singh, Son of Pintu Singh, All are resident of Village- Champ (Chanp), P.S.- Akhodhigola, DistrictRohtas. ... ... Appellant/s
Versus
The State Of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Manish Kumar No 13 For the Respondent/s :
Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 29-01-2019 This is an appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer of anticipatory bail dated 18.04.2018 passed by the learned 1st Addl. Sessions Judge,
Patna High Court CR. APP (SJ) No.4153 of 2018 dt.29-01-2019 2/3 Rohtas at Sasaram in Registered Case No. 02 of 2018 arising out of SC/ST P.S.Case No. 01 of 2018 registered under Sections 147,149, 323, 337, 341, 504 and 506 of the Indian penal Code and Sections 3(i)(r)(s)(g) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Allegation against the appellants is that they went to the filed of the informant and abused and assaulted him. Submission of learned counsel for the appellants is that there is general and omnibus allegation against them and nothing specific has been attributed against any of them and there is case and counter case in between the parties also. Heard learned Spl. P.P also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the appellants, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Addl. Sessions Judge, Rohtas at Sasaram in Registered Case No. 02 of 2018 arising out of SC/ST P.S.Case No. 01 of 2018; subject to condition as laid down under Section 438(2) of the
Patna High Court CR. APP (SJ) No.4153 of 2018 dt.29-01-2019 3/3 Code of Criminal Procedure.
Accordingly, the appeal is allowed and the impugned order is set aside with respect to them.
(Vinod Kumar Sinha, J) sujit/- AFR/NAFR CAV DATE Uploading Date Transmission Date