Binod Kumar Singh @ Binod Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.678 of 2018 Arising Out of PS.Case No. -194 Year- 2017 Thana -MOHIUDDIN NAGAR DistrictSAMASTIPUR ======================================================
1. Binod Kumar Singh @ Binod Singh, son of Kameshwar Singh.
2. Sourabh Kumar Singh @ Saurav Kumar, son of Vinod Singh.
3. Babul Kumar Singh @ Babul Singh, son of Ram Milan Singh.
4. Ram Milan Singh, son of Raj Ballam Singh.
5. Maheshwar Singh @ Maheshwar Prasad Singh, son of Nageshwar Singh.
6. Sonu Singh, son of Maheshwar Singh. All Resident of Village- Rajajan, P.S. Mohiuddin Nagar, District- Samastipur.
.... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Pramod Kumar Singh, Advocate For the Respondent/s : Smt Usha Kumari No-1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-03-2018 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, Samastipur, in Mohiuddin Nagar Police Station Case No.194 of 2017 registered under Sections 147/148/149/448/341/323/354/504 of the Indian Penal Code and Sections 3(i)/3(i)(r)/3(i)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The allegation is general and omnibus against the
Patna High Court CR. APP (SJ) No.678 of 2018 (3) dt.22-03-2018 P2/ appellants of commission of abuse and assault by taking caste name.
Considering the general and omnibus nature of allegation, let the appellants, above named, in the event of their 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) each 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 appellants 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 appellants. Accordingly, the impugned order is set aside and the appeal is allowed.
(Birendra Kumar, J) Mkr./- U T