Nathuni Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.855 of 2018 Arising Out of PS.Case No. -645 Year- 2017 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ===========================================================

1. Nathuni Singh Son of Raghu Nandan Singh

2. Subodh Singh Son of Sri Narayan Singh

3. Suraj Kumar@ Suraj Singh Son of Subodh Singh

4. Rajeev Singh@ Kanhaiya Singh@ Rajeev Kumar Singh Son of Subodh Singh All resident of Village Loksa, P.S. Muffasil, District East Champaran. .... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Shakil Ahmad Khan, Advocate For the Respondent/s : Mr. Sadanand Paswan, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 19-06-2018 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 (S.C./S.T. Act) East Champaran at Motihari, in connection with Motihari (Muffasil) Police Station Case No.645 of registered under Sections 147/148/149/341/342/323/393/353/186/504/506/307 of the Indian Penal Code and Sections 3(i) (r) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The specific allegation of commission of assault by taking caste name of the informant, who is a police officer, is against co-

Patna High Court CR. APP (SJ) No.855 of 2018 dt.19-06-2018 P2/ accused Shyam Sunder Singh and Jitendra Singh. Allegation against the appellants is general and omnibus.

Submission is that past criminal cases between the two covillagers are the reason for the present false case because the police was interested and helping the opponent.

Considering the facts aforesaid, 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 Date21.06.2018 Transmission Date 21.06.2018