Kishor Singh @ Kishor Kumar Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2704 of 2018 Arising Out of PS. Case No.-11 Year-2017 Thana- SINGHIYA District- Samastipur ======================================================

1. Kishor Singh @ Kishor Kumar Singh, S/o Late Onkar Singh,

2. Jitendra Singh @ Gaurav @ Goraka, S/o Yoganand Singh, Both residents of Village- Basudeva, P.S.- Singhiya, DistrictSamastipur. ... ... Appellant/s

Versus

The State of Bihar.

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

For the Appellant/s :

Dr. Rajesh Kumar Singh, Advocate For the Respondent/s :

Smt Usha Kumari No-1, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 02-11-2018 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 04.07.2018 passed by the learned Additional Sessions Judge-I, Samastipur, in A.B.P. No.1063 of 2018, arising out of Singhiya Police Station Case No.11 of 2017, registered under Sections 341/323/354/504/506/34 of the Indian Penal Code and Section 3(1)(r)(s)(w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Appellant No.1 had taken loan of Rs.1,000/- from

Patna High Court CR. APP (SJ) No.2704 of 2018 dt.02-11-2018 2/3 one Bam Saw , a co-villager of the informant. For refund of the aforesaid amount legal notice was sent by the informant, who is local Sarpanch, and for that reason the appellants allegedly abused by taking caste name as to why Sarpanch had issued notice to the appellants. The case-diary would reveal that no other witness has identified the appellants committing the crime alleged. One eyewitness examined by the police has stated that two unknown persons had committed the crime whereas the appellants are the resident of the same Panchayat.

Considering the fact that there is no substantial material 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.

Patna High Court CR. APP (SJ) No.2704 of 2018 dt.02-11-2018 3/3 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 Date 05.11.2018 Transmission Date 05.11.2018