Md. Ismail And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3534 of 2018 Arising Out of PS. Case No.-356 Year-2018 Thana- NATHNAGAR District- Bhagalpur ======================================================

1. Md. Ismail Son of Late Md. Ajjo.

2.Ibbo Son of Alam.

3.Jibbo Son of Alam.

4.Rizzo @ Rizzi Son of Late Md. Ajjo.

5.Saddam Son of Alam.

6.Manjar Son of Haidar.

7.Nezam Son of Babujan.

8.Samshad Welding Wala @ Shamshad Son of Sabbir 9.Mukhtar Son of Late Md. Ajjo.

10.Kalim Son of Salim 11.Md.Rajesh Son of Salim 12.Karku Miyan Son of Bajid Miyan 13.Alwa Son of Sahid 14.Bouku Son of Firoj 15.Jahul Son of Masook 16.Bhonu Son of Haider 17.Jubair Son of Late Bilal 18.Sahbaaz Son of Sahabuddin 19.Murtuza Son of Sikandar Miyan All R/o Mohalla-Mirgyaschak, P.S.-Nathnagar, District-Bhagalpur. ... ... Appellant/s

Versus

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

For the Appellant/s :

Mr. Praveen Kumar, Adv For the Respondent/s :

Mr. Sri Sadanand Paswan,SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 07-12-2018 Heard learned counsel for the parties.

This is an appeal under Sections 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, against refusal of the prayer for anticipatory bail by order dated 20.07.2018 in A.B.P. No.1261 of 2018 passed by the learned 3rd Addl. District

Patna High Court CR. APP (SJ) No.3534 of 2018 dt.07-12-2018 2/3 and Sessions Judge-cum-Special Judge SC/ST, Bhagalpur in connection with Nathnagar P.S.Case No. 356 of 2018 registered under Sections 147, 148, 149, 341, 323, 337, 295A, 338, 307, 504, 506 of the Indian Penal Code and Sections 3(i)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes Act.

The allegation of commission of abuse and assault is general and omnibus against the named person and 300 to 400 unknown. Appellants have stated on oath that they have got no criminal antecedent. 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 anticipatory bail on furnishing bail bond of Rs.20,000 (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 conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further 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

Patna High Court CR. APP (SJ) No.3534 of 2018 dt.07-12-2018 3/3 and this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 10.12.2018 Transmission Date 10.12.2018