Subodh Ram And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3427 of 2018 Arising Out of PS. Case No.-305 Year-2017 Thana- RUPAULI District- Purnia ======================================================

1. Subodh Ram, S/o Brahmi Ram @ Brahamdev Ram,

2. Brahmi Ram @ Brahamdev Ram, S/o Ramdev Ram, Both R/o vill.- Lalganj, P.S.- Rupouli (Mohanpur), District- Purnea. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Bijendra Kumar Singh For the Respondent/s :

Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 11-09-2018 Heard learned counsel for the parties.

This is an appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for regular bail vide order dated 10.08.2018 passed by the learned 1st Additional Sessions Judge-cum-Special Judge (S.C./S.T.) Act, Purnea in Rupauli (Mohanpur O.P.) Police Station Case No.305 of 2017 registered under Sections 147, 148, 149, 341, 323, 324, 354, 447, 307, 504, 506, 302 of the Indian Penal Code as well as Section 27 of the Arms Act and Section 3(i)(x)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Patna High Court CR. APP (SJ) No.3427 of 2018 dt.11-09-2018 2/2 There is general and omnibus allegation against the appellants and other named accused of commission of assault for the reason that for claim over the same land two groups were firing against each other and the informant was a labour working in the said field.

Considering the general and omnibus nature of allegation as well as statement of the appellants on oath that they have got no criminal antecedent, 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/trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the appellants. Accordingly, the impugned order is set aside and this appeal stands allowed.

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