Chhote Singh @ Chhotan @ Arun Kumar Singh @ Chhotu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3121 of 2019 Arising Out of PS. Case No.-504 Year-2018 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== 1.

CHHOTE SINGH @ CHHOTAN @ ARUN KUMAR SINGH @ CHHOTU SINGH Son of Indradeo Singh Resident of Village - Iniyar, P.S.- Muffasil (Lakho O.P.)Distt - Begusarai.

2.

Baudhu Kumar @ Baudhu Kumar Singh @ Baudhu Singh Son of Ganesh Singh Resident of Village - Iniyar, P.S.- Mufassil (Lakho O.P.), Distt - Begusarai.

3.

Sandhir Singh Son of Amar Singh Resident of Village - Iniyar, P.S.- Mufassil (Lakho O.P.), Distt - Begusarai.

... ... Appellant/s

Versus

THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Pankaj Kumar Singh For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-11-2019 Heard both sides.

The appellants seek pre-arrest bail in Begusarai Mufassil (Lakho O.P.) P.S. case No. 504 of 2018 registered under Section 147, 149, 341, 342, 323, 307, 427, 353, 337, 153(A), 356 of the IPC and u/s 3(i)(r)(s), 3(2)(va) of SC/ST Act. The learned counsel for the appellants submits that the appellants are not named in the FIR and there is omnibus allegation of brick batting and slapping against all the accused persons. Shri Shyam Rajak, Chairman of Bihar Vidhan Sabha, SC/ST committee, was going on a vehicle and many villagers made protest. It is further submitted that similarly situated accused persons, namely, Rajeev Kumar, Rajkumar Singh, Niranjan Kumar, Gunjesh Kumar @ Gunjan, Pankaj Singh &

Patna High Court CR. APP (SJ) No.3121 of 2019(5) dt.16-11-2019 2/2 others, Raja @ Chhotu and Rohit Kumar have already been granted anticipatory bail vide orders passed in Cr. Appeal (SJ) Nos. 1533 of 2019, 3505 of 2019 and 1011 of 2019 and the case of appellants stands on the same footing.

Considering the facts aforesaid and nature of allegation made against the appellants and the fact that similarly situated co-accused have already been granted anticipatory bail, the appellants, above named, in the event of their arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order are directed to be enlarged on bail on their furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, SC/ST, Begusarai in connection with Begusarai Mufassil (Lakho O.P.) P.S. case No. 504 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Accordingly, the impugned order is set aside and this appeal is allowed.

(Prabhat Kumar Jha, J) BKS/- U T