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Patna High CourtCR. APP (SJ)/393/2018allowed

Narsingh Tanti @ Narsingh Singh And ANR v. The State Of Bihar

2018-02-15Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.393 of 2018 ======================================================

1. Narsingh Tanti @ Narsingh Singh, Son of Biranchi Tanti,

2. Ankit Kumar, Son of Narsingh Tanti @ Narsingh Singh, Both resident of Village - Mangarh, P.S. - Dharhara, District - Munger. .... .... Appellant/s

Versus

1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellants : Mr. Manohar Prasad Singh, Advocate For the Respondent : Mr. Sadanand Paswan, S.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-02-2018 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 regular bail by the learned 1st Additional Sessions Judge-cum-Special Judge, Munger in Dharhara P.S. Case No. 219 of 2017 registered under Sections 302, 120B, 307, 341, 323, 147, 148, 149, 324, 387, 504, 506 of the Indian Penal Code as well as Section 3(1)(r)(s)/3(ii)(va) of the SC/ST Act. For land dispute between the parties, a civil suit is going on. For the aforesaid reason, the named accused persons including the appellants variously armed, came to the field. The informant and other family member also came thereat. Co-accused Fulta Yadav, Shivan Yadav and Bikku Yadav, allegedly, assaulted

Patna High Court CR. APP (SJ) No.393 of 2018 (2) dt.15-02-2018 2/2 to the husband of the informant as a result whereof he died in course of the treatment. The allegation of demand of ransom is against those persons. There is no allegation or overt act alleged against the appellants.

Considering the aforesaid submission, let the appellants, above named, 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 learned Court below where the case is pending in connection with the aforesaid case, subject to the condition that the appellants shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellants.

Accordingly, this appeal stands allowed.

(Birendra Kumar, J) Kundan/- U T