Tipu Singh @ Sandeep Singh @ Sandeep Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2340 of 2018 Arising Out of PS.Case No. -80 Year- 2018 Thana -ATHMALGOLA District- PATNA ===========================================================

1. Tipu Singh @ Sandeep Singh @ Sandeep Kumar,

2. Bittu Singh @ Saurabh Kumar, Both sons of Amrendra Kumar Singh @ Amrendra Singh, Residents of Village- Bizaruk @ Bujruk, P.S.- Athmalgola, District- Patna.

.... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Ashhar Mustafa, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 10-08-2018 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 vide order dated 01.06.2018 passed by the learned Special Judge (S.C./S.T. Act)-cumAdditional Sessions Judge-V, Patna, in A.B.P. No.3696 of 2018, arising out of Athmalgola Police Station Case No.80 of 2018, registered under Sections 143/323/341/504/379/307 of the Indian Penal Code and Section 3(i)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

There is case and counter case between the parties.

Patna High Court CR. APP (SJ) No.2340 of 2018 dt.10-08-2018 P2/ General and omnibus allegation is there of abuse and assault against the appellants. The parties have entered into a compromise vide Annexure-2.

Considering the aforesaid facts, 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./- AFR/NAFR NAFR CAV DATE NA Uploading Date14.08.2018 Transmission Date 14.08.2018