Bipin Bihari Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.776 of 2021 Arising Out of PS. Case No.-11 Year-2020 Thana- CHAPRA MUFFASIL District- Saran ====================================================== 1.

BIPIN BIHARI SINGH Son of Late Kapildev Singh R/o Village- Amar Chapra, P.S.- Chapra Muffasil, District- Saran. 2.

Chandan Singh Son of Bir Bahadur Singh R/o Village- Amar Chapra, P.S.- Chapra Muffasil, District- Saran.

... ... Appellant/s

Versus

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

For the Appellant/s :

Mr.Krishna Kant Singh, Adv.

For the Respondent/s :

Ms. Usha Kumar, Spl. P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 30-06-2021 Heard Mr. Krishna Kant Singh, learned counsel for the appellants and Ms. Usha Kumari, learned Special P.P. for the State.

The appellants have challenged the order dated 01.10.2020 passed by the learned 1st Additional Sessions Judge-cum-Special Judge, SC/ST Act, Saran at Chapra in A.B.P. No. 1379/2020 arising out of Chapra (M) P.S. Case No. 11 of 2020, whereby the prayer made on behalf of the appellants for grant of anticipatory bail for the offences under Sections 147, 323, 324, 504 and 354 of the Indian Penal Code and Section 3(i)(x) of SC/ST (POA) Act has

Patna High Court CR. APP (SJ) No.776 of 2021(2) dt.30-06-2021 2/3 been rejected.

It is alleged in the First Information Report that the appellant and others assaulted the informant, his sister and other members of his family. It has been argued that a false case has been instituted because of land dispute with the informant. Learned counsel for the appellants has drawn the attention of this Court to the fact that a proceeding under Section 107 and 144 Cr.P.C. is pending between the parties. In fact, the police has found that the informant / prosecution party had violated the prohibitory orders. A Jamabandi case and a Title Suit is also pending between them. Thus, it can safely be inferred, it has been urged, that none of the offences under SC/ST (POA) Act can at all be said to have been made out against the appellants. For the reasons afore-stated, the order dated 01.10.2020 passed by the learned 1st Additional Sessions Judge-cum-Special Judge, SC/ST Act, Saran at Chapra is set aside.

The appeal stands allowed.

The appellants, above named, are directed to be

Patna High Court CR. APP (SJ) No.776 of 2021(2) dt.30-06-2021 3/3 released on bail in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt /production of a copy of this order on his furnishing bail bonds in the sum of Rs. 10,000 (Rs. Ten Thousand) each with two sureties of like amount each to the satisfaction of learned learned 1st Additional Sessions Judgecum-Special Judge, SC/ST Act, Saran at Chapra in connection with Chapra (M) P.S. Case No. 11 of 2020. (Ashutosh Kumar, J) sunilkumar/- U T