Manoj Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1796 of 2018 Arising Out of PS.Case No. -17 Year- 2017 Thana -SC/ST District- SASARAM (ROHTAS) ===========================================================
1. Dadan Singh, Son of Late Baban Singh, resident of Village- Indour, P.S.- Dinara, District- Rohtas.
.... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s with =========================================================== Criminal Appeal (SJ) No. 1799 of 2018 Arising Out of PS.Case No. -17 Year- 2017 Thana -SC/ST District- SASARAM (ROHTAS) ===========================================================
1. Manoj Singh.
2. Binod Singh @ Chotay Singh. Both son of Ramkripal Singh.
3. Sher Bahadur Singh, son of Late Rajaram Singh.
4. Uttam Singh, son of Kamlesh Singh. All residents of Village- Indour, P.S.- Dinara, District- Rohtas.
.... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s =========================================================== Appearance :
(In CR. APP (SJ) No.1796 of 2018) For the Appellant/s : Mr. Yogendra Kumar Singh, Adv For the Respondent/s : Mr. Binay Krishna, SPP (In CR. APP (SJ) No.1799 of 2018) For the Appellant/s : Mr.Yogendra Kumar Singh, Adv For the Respondent/s : Smt. Usha Kumari No.1, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 03-08-2018 Heard learned counsel for the parties in both the appeals.
Both the appeals under Sections 14(A)(2) of the
Patna High Court CR. APP (SJ) No.1796 of 2018 dt.03-08-2018 2/3 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, against refusal of the prayer for anticipatory bail by order dated 22.02.2018 in A.B.P. No.294 of 2018 by the learned Additional Sessions Judge-I, Rohtas at Sasaram in connection with SC/ST Dehri (Rohtas) P.S.Case No. 17 of 2017 registered under Sections 341, 323, 324, 147, 148, 149, 307, 504, 506 of the Indian Penal Code as well as under Sections 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes Act. There is case and counter case. The general and omnibus allegation is against altogether 17 persons of commission of abuse and assault. Some other co-accused have already been allowed anticipatory bail by this Court in Cr.Appeal (SJ) No.1309 of 2018.
Learned counsel for the informant opposed the prayer for anticipatory bail.
Considering the aforesaid facts especially the general and omnibus nature of allegation and case and counter case between the parties, 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,
Patna High Court CR. APP (SJ) No.1796 of 2018 dt.03-08-2018 3/3 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and both bailors shall be resident of territorial jurisdiction of the learned court below 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 and both the appeals stand allowed.
(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date07.08.2018 Transmission Date 07.08.2018