Sapandeo Singh @ Sapandeo Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.422 of 2018 Arising Out of PS.Case No. -129 Year- 2017 Thana -ROUH District- NAWADA ======================================================
1. Sapandeo Singh @ Sapandeo Kumar, son of Late Srichand Singh @ Srichandra Singh, resident of Village/ P.O.- Samharigarh, P.S.- Roh, District- Nawada.
.... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Sidhendra Narayan Singh For the Respondent/s : Mr. Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-03-2018 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 against the refusal of prayer for anticipatory bail by the learned 1st Additional Sessions Judge-cum-Special Judge, Nawada in Roh Police Station Case No.129 of 2017 registered under Sections 147/148/149/341/323/307/353/427/436/504/506 of the Indian Penal Code and Sections 3(i) (r)(q) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Considering the general and omnibus allegation against the appellant and others as well as considering the fact that there is no material to substantiate that the appellant was intending to humiliate a member of the scheduled caste by prior meeting of
Patna High Court CR. APP (SJ) No.422 of 2018 (3) dt.09-03-2018 P2/ mind, let the appellant, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the appellant shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant. Accordingly, the impugned order is set aside and appeal stands allowed.
(Birendra Kumar, J) Mkr./- U T