Uma Shankar Singh @ Manoranjan Kumar Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1545 of 2018 Arising Out of PS.Case No. -157 Year- 2017 Thana -HASANPUR District- SAMASTIPUR ===========================================================

1. Uma Shankar Singh @ Manoranjan Kumar Singh Son of late Jay Jay Ram Singh

2. Digambar Singh Son of late Jay Jay Ram Singh

3. Nanhay Singh @ Nanhe Kumar Singh @ Avinash Kumar Singh Son of late Jay Jay Ram Singh

4. Nandan Ram @ Nandan Singh Son of Mahendra Ram

5. Jiwan Singh Son of Raja Ram Singh All are Resident of Village- Hasanpur, P.O.+P.S. Hasanpur, District- Samastipur.

.... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Anil Kumar, Advocate For the Respondent/s : Mr. Binay Krishna, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 17-07-2018 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 24.03.2018 passed by the learned Additional Sessions Judge-I, Samastipur, in A.B.P. No.118 of 2018, arising out of Hasanpur Police Station Case No.157 of 2017, registered under Sections 341/354/323/337/504/34 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3(i)(r)/3(i)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Patna High Court CR. APP (SJ) No.1545 of 2018 dt.17-07-2018 P2/ Specific allegation of commission of assault and abuse by taking caste name is against co-accused Annu Singh. There is general and omnibus allegation against the appellants of firing in the air and pelting stones.

Considering the nature of allegation against the appellants, 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 Date20.07.2018 Transmission Date 20.07.2018