Golu Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2655 of 2018 Arising Out of PS.Case No. -63 Year- 2017 Thana -PARSA District- SARAN ===========================================================

1. Golu Kumar, S/o Virendra Singh,

2. Umesh Singh S/o Late Shyamdeo Singh,

3. Abhishekh Kumar @ Abhishek Kumar S/o Umesh Singh, All are R/o Vill.- Baksanda, P.S.- Parsa, District- Saran.

.... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Anant Kumar Bhaskar, Adv For the Respondent/s : Mr. Sadanand Paswan, SPP =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 10-10-2018 Supplementary affidavit has been filed on behalf of the appellants.

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 20.06.2018 in A.B.P. No.1678 of 2018 passed by the learned 1st Addl. Sessions Judge, Saran at Chapra in connection with Parsa P.S.Case No. 63 of 2017 registered under Sections 341,323,504,34 of the Indian Penal Code and Sections 3(i)(x) /3(2)(va)of the Scheduled Castes

Patna High Court CR. APP (SJ) No.2655 of 2018 dt.10-10-2018 2/3 and Scheduled Tribes Act.

There is general and omnibus allegation of commission of abuse and assault.

Submission is that the background of false allegation is that the informant had taken loan of Rs.5,000/- from the appellants and he had executed a document in support of that. The appellants were asking for refund of the loan amount and for that just to pressurize, false case has been lodged.

Considering the fact that the appellants have got no such criminal antecedent as well as the background and 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.

Patna High Court CR. APP (SJ) No.2655 of 2018 dt.10-10-2018 3/3 Accordingly, the impugned order is set aside and this appeal stands allowed.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date11.10.2018 Transmission Date 11.10.2018